Research On Patentability Of Secondary Pharmaceutical Innovation

The importance of secondary pharmaceutical inventions,including product patents,utility patents and method patents,has been underestimated in nowadays’ pharmaceutical industry.Patents play a key role in incentivizing research,development,testing and eventual commercialization of secondary drug inventions and provide substantial benefits to public health and the quality of life of patients.However,based on its characteristics,some scholars believe that secondary drug inventions should be subject to more stringent patentability standards.This paper refutes the view that the secondary drug invention should be treated differently under the regulation of patent law and emphasizes the value of secondary drug invention to medicine and the fact that it ultimately benefits patients.In terms of patentability subject,novelty,creativity and practicality,a large number of examples of patentability of secondary pharmaceutical inventions are provided.At the same time,it is suggested that the standards and best practices for patentability of secondary pharmaceutical inventions should be evaluated with a view to obligations under international treaties represented by WTO and TRIPS.