Research On The Essential Conditions Of Drug Patent Authorization

In recent years,China’s pharmaceutical patent protection system has made great progress,but it has not yet reached the level of patent protection in the United States,the European Union and other developed countries.From the patent law of 1984 to the four revised versions,China’s attention to drug patents has greatly increased.It has never been paid attention to and can not be protected.It has developed into the protection of drug invention patents,and then to a wider range of attention.Some medical diagnosis methods are not protected,China has been gradually developing itself,and gradually in line with international standards in terms of drug patents.But at present,there is still much room for progress in the formulation and implementation of drug patent protection system,especially the substantive examination system.The author will start from the substantive examination system of drug patent in China,and use the relevant provisions of China’s patent law and patent examination guide,hoping to contribute to the further improvement of China’s drug patent protection system.The author will sort out the requirements of patent application for drug invention and creation in detail,and discuss the substantive conditions of drug patent authorization from the aspects of novelty,creativity,practicality,singleness,full disclosure,so as to analyze the existing relevant provisions.Finally,through further analysis,the author puts forward the specific methods to solve the above problems.In a word,the author hopes to make suggestions and suggestions for China’s drug patent examination system through his own discussion and analysis,and contribute to the further improvement of drug patent examination system.The article is divided into four chapters.The first chapter is introduction.The second chapter is the connotation of essential conditions of drug patent authorization.This paper introduces the essential conditions of drug patent authorization,which are different from those in theory,including novelty,creativity,practicability,singleness and full disclosure.The third chapter is about the problems existing in the substantive conditions of drug patent authorization.For the case problems in the substantive review,the paper analyzes and finds out the problems.Chapter four,suggestions for improvement of substantive examination of drug patent authorization.In view of the problems existing in the substantive examination in chapter three,this paper puts forward legislative and judicial suggestions in order to better protect drug patents.