The Way And Practice Research Of Patent Re-protection In Traditional Chinese Patent Medicine

This dissertation mainly studied how to implement patent protection for the Traditional Chinese Patent Medicine under the current patent system,and how to explore implementation path of patent re-protection for the Traditional Chinese Patent Medicine.This dissertation was composed of five chapters.The first chapter is the literature review.Firstly,related concepts of the Traditional Chinese Patent Medicine were introduced.Secondly,the reasons of the present situation of patent protection for the Traditional Chinese Patent Medicine were analyzed,and the strategies of re-protection of the Traditional Chinese Patent Medicine were introduced.Finally,the necessity,significance,problems and difficulties of patent re-protection of the Traditional Chinese Patent Medicine were elaborated.The second chapter elaborated the way to improving the dosage forms for patent re-protect of Traditional Chinese Patent Medicine.According to the analysis of the invalidation data of Traditional Chinese Patent Medicine,the results showed that the improvement of dosage form is an effective way to patent re-protect of Traditional Chinese Patent Medicine.Dissertation mainly focused on how to select excipients,the ratio of excipients and the choice of process can conform to the condition of patent authorization,and how to realize the practical way of patent re-protection of Traditional Chinese Patent Medicine.The chapter analyzed the retrial,invalid case and the case of Compound Danshen Prescription to provide the advices for the patent re-protect of Traditional Chinese Patent Medicine by improving the dosage forms.The third chapter elaborated discoveries of new indications for patent re-protect of Traditional Chinese Patent Medicine.The limitation of function of Traditional Chinese Patent Medicine and the patentable of new indications to patent re-protect of Traditional Chinese Patent Medicine were analyzed.Then dissertation introduced the application of high-throughput screening technology in the patent application of new indications of Traditional Chinese Patent Medicine and new indications of Compound Danshen Prescription.Finally,a recommendation for new indications of patent re-protection with Traditional Chinese Patent Medicine was provided.The fourth chapter elaborated new medicinal processing for patent re-protect of Traditional Chinese Patent Medicine.Firstly,according to analyzed the shortcomings of the traditional processing methods and the patentable of new methods of medicinal processing,and explored how to develop new processing to patent re-protection of Traditional Chinese Patent Medicine through the application of modern advanced technology in medicinal processing and quality control.Secondly,dissertation analyzed the cases which used new methods such as microwave technology and bioleaching.And the advices for the patent re-protect of Traditional Chinese Patent Medicine by application of new medicinal processing were provided.The fifth chapter is Summary and Prospect.