| Because it is related to the lives and health rights of the general public,the development of the pharmaceutical industry has always been one of the focuses of economic development in various countries.Protecting patents is conducive to drug innovation,however,excessive protection of patents will hinder the development of generic drugs in China.To maintain the steady development of China’s pharmaceutical industry,on the one hand,we should protect innovation,safeguard the legitimate rights and interests of patentees,and promote the development of more innovative drugs;On the other hand,we should fully promote competition,identify and protect genuine innovation,promote the timely launch of generic drugs,and maintain the balanced development of the pharmaceutical industry.This involves discussions on the construction of a patent linkage system for pharmaceuticals in China.Since 2017,a number of policy documents have gradually combined with China’s existing institutional foundation to plan and try to build a drug patent linkage system in China.Obviously,it has become a clearer trend for China to build a drug patent linkage system.However,from the current research situation,the design of the patent challenge procedure in the system is almost empty.Therefore,this article will first demonstrate the foundation of the patent challenge process,clarify the basic concepts and content,and then focus on the theoretical basis and actual needs of the system to clarify the necessity of the system.Analyze the feasibility of constructing the system in China;further,analyze the prominent problems of the existing system in China and the main obstacles facing the construction of a challenge system for pharmaceutical patents in our country,mainly in the unknown challenge process of patents,the lack of legal coordination and the coordination mechanism between different subjects And complicated patent dispute resolution procedures.Next,analyze the patent protection systems of typical countries in foreign countries and consider the significance of reference to China.Secondly,from the aspects of patent challenge procedures,related subject linking procedures,and "reverse payment settlement agreement" issues,the author summarizes their patents in China.Challenges to program construction.Finally,based on China’s specific problems and foreign practical experience,it puts forward specific suggestions for the construction of China’s pharmaceutical patent challenge procedure from several aspects such as the subject and scope of the patent challenge procedure,system design,patent dispute resolution and legal liability. |
