Patent Research Of Traditional China Medicine Protect

Traditional Chinese medicine reflects the Chinese nation’s understanding of life,health and diseases,and as precious cultural and biological heritage,China’s traditional Chinese medicine culture is long-standing and well-established.Traditional Chinese medicine implies rich contents of intelligence property.Its unique and precise efficacy is well received by the masses.China hasn’t built its system of intelligence property protection until late,and its existing intelligence property protection system has yet to be improved,together with certain differences between Chinese and western medicines,so it causes the small scale of China’s traditional Chinese medicine enterprises,and weak competition of products.In the international traditional Chinese medicine market,China only possesses 0.3%of patent rights,and accounts for less than 5%in the overseas market on a scale of nearly US$30 billion.The traditional Chinese medicine industry originally belonged to China’s traditional competitive industry is in jeopardy in the international market.However,due to the characteristics of traditional Chinese medicine,which has been widely circulated for a long time,it has led to the difficulty of patent protection in the application of the substantive conditions of "three characteristics",and solved the problem of patentability of Chinese medicine compound products,and also solved the core problem of patent protection of traditional Chinese medicine.At present,there’ve been many studies on patent protection of traditional Chinese medicine,from which we can see the conflict between China’s traditional Chinese medicine and the western patent system,and there exist insights into patent protection in Chinese herbal medicines,Chinese drugs pharmaceutics,and Chinese patent medicine.Based on benefit from the previous research results and in combination with the features of China’s traditional Chinese medicine products,the author heeds the differences between pharmacological action of traditional Chinese medicine and chemical test of western medicine,compares the three characteristics of patent with the characteristics of traditional Chinese medicine to provide more favorable and extensive protection to modern traditional Chinese medicine products by modern patent system as well as certain reference to industrial development and internationalized road of China’s traditional Chinese medicine.The paper starts from the protection of patent law for intelligence property of traditional Chinese medicine,further explores and researches the patent protection of traditional Chinese medicine products and their processing technology.Under the existing property protection framework and in combination with its own attributes,by analyzing the value of traditional Chinese medicine products and their processing technology,the paper first researches relevant systems of patent protection of in the medicine industry at home and abroad.Then,on the basis of the analysis of patentability,the paper conducts further research on the patentability content and patent types,proposes several tips on strengthening patent protection of traditional,thus facilitating the healthy,galloping development of the traditional Chinese medicine industry.The paper consists of five parts:first,briefly analyzes the concept characteristics of traditional Chinese medicine and its intelligence property;conducts general analysis of China’s patent protection status;second,discusses legal protection system of medical industry in countries like the US,Japan and India,and provides reference for suggestions for patent protection improvement to be proposed below;third,the main body of the paper focuses on the analysis of patent application standards,protection content and types;fourth,points out existing problems in patent protection;fifth,studies how to perfect patent protection from the perspective of improving patent protection and proposing specific suggestions.