An Empirical Study On Patent Protection Of Traditional Chinese Medicinal Compound

With the emergence of the "Traditional Chinese Medicine Law(Draft)",China will further build a medical system with Chinese traditional culture and provide a safe and effective new way for health care for our country and even the people of the world.The TCMCD(traditional Chinese medicine compound)is the most important system which can reflect the characteristics of the traditional Chinese medicine theory.In the current Chinese medicine patent,the patent application of the TCMCD is the largest,covering the most widely.The patent protection of TCMCD can effectively protect the inherent advantages and development of TCM and TCM industry on the one hand,on the other hand,contribute to the promotion of China's drug development,alleviate the pressure of Western medicine research.So that our medical system towards the path of modernization.This paper for the first time analyzes the concept and system of TCMCD patent.The emergence of patent system has greatly promoted the vigorous development of various industries and maintained the benefits of advanced technology.The TCMCD is no exception.Many countries have established their own patent protection system of traditional Chinese medicine,which proves that the efficacy and role of traditional medicine is unique.This article through empirical analysis method,patent search and analysis of China's current status of TCMCD patent protection,including compound patent application,authorization and indicators of the situation,found problems in the data analysis of patent protection in the process of the problems appeared.This paper finally puts forward suggestions on the patent protection of TCMCD,through the study of relevant laws and documents,absorb the experience,from the basis of TCMCD patent protection problems,put forward the TCMCD patent protection recommendations: to reduce reliance on administrative protection;perfect the legal system of the patent.Establish suitable examination standard;technical standard system of traditional Chinese medicine;strengthen the patent protection consciousness of Chinese compound prescription.