Study On The Patent Protection Of Medicinal Use Inventions Limited By Dosing Characteristics

With the development of the pharmaceutical industry,higher standards to protect patents of inventions for medical application are required by the reality.The emergence of more and more patent of invention for medical application defined by dosing characteristics has stronger and stronger arguments which aims at the regulation in China Patent Examination Guidelines that the dosing characteristics of this kind of invention must limit the pharmaceutical process so that this kind of invention has novelty.This regulation also increasingly inconsistent with the international trend in today's continuous development of pharmaceutical industry.The inventions which have dose characteristics has the advantages of short innovation cycle,small investment,and low risk,which provides Chinese pharmaceutical companies that are lack of innovation capabilities with one of the opportunities to enter the innovation process.This paper analyzes the current problems and deficiencies in China's regulations of the protection of patents of such inventions by studying relevant regulations of the Patent Examination Guidelines,related systems in China by studying the relevant regulations of China's Patent Examination Guidelines and the relevant decisions as well as judgments of the Patent Reexamination Board and the People's Court,compares the relevant foreign patent protection systems,and relevant cases,further study of patentability conditions,scope of protection and infringement of inventions of medical application limited by dosing characteristics and proposes reasonable suggestions for the improvement of relevant regulations of the Patent Examination Guidelines and related systems in China.