Research On Biopharmaceutical Pantent Infringement

The development of science and technology is changing with each passing day, and the degree of patent law is to promote the progress of science and technology. The pharmaceutical industry has been obvious to all. At present, the development and innovation of biotechnology drugs has reached an alarming rate, the amount of patent applications of biotechnology drugs in China is also increasing year by year. Along with the renewal of biotechnology drugs, the patent disputes of biotechnology drugs are constantly occurring. In our country, at present biotech drugs patent disputes and not many, but in the next period of time, especially when a large number of biological technology original research drug core patents expire after, biotech and pharmaceutical patent infringement problems will occur a large number of. At present, our country’s judgment on the patent infringement of biotechnology drugs, there are still inconsistent standards, the standard of the patent administrative organs and the courts are not uniform phenomenon occurs. The author is in view of this situation, through the discussion of the biological technology of the patent infringement of the patent infringement determination problem of systematic analysis and research. With a view to the judicial practice of our country to play a reference role.The specific structure of the paper is:Introduction:defining the scope of the concept of biotechnology drugs and patent infringement in this paper, the problem that this paper is to solve is to define the specific rules of patent infringement of biological technology. The decision rules of patent infringement need to be combined with the specific patent field, and adapt to the development of science and technology. At present in the biotech and pharmaceutical patent infringement judgment rules applicable still exist inconsistency, the purpose and significance of this writing is clear of biotechnology drug patent infringement determination of specific rules applicable.The second part:this chapter mainly introduces and discusses the scope of patent subject scope of biotechnology drugs, and the conditions of patent. The biotech drugs patent infringement determination problem, we must first clear of biotechnology drug patent scope, claims the technical features are defined in the smallest unit, so as to the characteristics of patent for comparison to determine. Biotech drugs can patent and patent infringement judgement in the key issues, claims the technical features of the patentability of "novelty" "creative" "practical" in all aspects of patent disputes be repeated review. At last, the paper discusses the function of the principle of full disclosure in the judgment of patent infringement.The third part:this chapter discusses the application of the comprehensive coverage principle and the doctrine of equivalents in the determination of the patent infringement of biological technology. In the same infringement principle part, starting from the comprehensive coverage of the meaning of the principle, introduce comprehensive coverage of the type of infringement behavior under the principle, comprehensive coverage of the principles of biotech drugs patent type literal infringement judgment. In the part of discussion on the application of the doctrine of equivalent infringement, firstly, the article discusses the application of the three principle of consistency, and then analyzes the applicable standards of the doctrine of equivalents in detail.The fourth part:this part mainly discusses the application of the principle of exception of patent infringement. The rules of patent infringement determination with the progress of science and technology and patent policies in various countries are constantly changing. The exception principle of patent infringement arises at the historic moment. First of all, the paper discusses the application rules of donation principle, and discusses the inspiration of the patent law in our country. Then apply Bolar and exception principle of estoppel principle is analyzed and discussed.Conclusion:review of the full text, end the important point of view, reiterated in the patent infringement of biotechnology drugs, to national patent strategy as the core guiding to do the same sentence.