Research On The Creativity Of Drug Invention Patent

The field of medicine is a special technology domain, and drugs are used as a kind of special merchandise. On the one hand, the new drug discovery has its own features, such as large-cost, high-risk, long-cycle and so on, so that the dependence on patent protection ranks first in the field of technology; on the other hand, drugs are directly related to life safety and public health, so must insure the safety and effectiveness of drugs, but also at a reasonable price. Therefore, it is necessary to establish a reasonable protection of intellectual property rights, in order to balance the interests between the patent right of drug invention and the public health. In addition, the high-quality drug invention patents are still concentrated in the developed countries with strong independent innovation ability, especially as the representative of the United States, Japan and Germany. Limited by R & D capabilities, capital and other factors, among the developed new chemical drugs in the market, most of them are the generic drugs and only a limited number of them are truly innovative drugs. Even intend to apply for patent protection, usually applications are known as the improvement of pharmaceuticals products, other formulations of known drugs, the preparation method, or the second medical use, but with limited innovative high degree. Therefore, it is necessary to develop the right strategy of intellectual property protection, in order to balance the interests of developed countries and developing countries.Facing the competitive pressures in the global pharmaceutical market, apart from improving innovation ability, China’s pharmaceutical enterprises must understand and master the intellectual property system, especially the judgment for pharmaceutical invention patent creativity, to break through the monopoly of developed countries in the pharmaceutical industry and block from international patent infringement disputes. The starting point and the foothold of the research on drug invention patents creativity are the practical problems in China, but they can learn and draw lessons from the relevant theories and practical experiences of foreign countries.Firstly, the pharmaceutical invention features are simply described. Then introduce the application status and industry attribution of the chemical medicine, biological medicine, Chinese medicine and differences among national drug patent policies. Secondly, sum up the creative judgment system through the discussion of American non-obviousness judgment standard evolution, the empirical analysis of the typical patent creativity cases. Thirdly, divide the chemical drug invention patent into drug product and method of invention patents, and discuss creative judgment method of all kinds of pharmaceutical inventions in turn. Finally, put forward some suggestions on improving the creative system of drug invention patent in our county, that is, to realize the objective of the judging subject and method, besides bringing up some relevant patent applications and defense strategies.I hope that the introduction of judgment method for drug invention patent inventiveness can provide certain reference value to China’s pharmaceutical producing enterprises, pharmaceutical research, patent agencies and judicial organs to promote the development of China’s pharmaceutical patent system objective.