Research On Patent Infringement Of Chinese Medicine Compound

The official promulgation of the "Chinese Medicine Law of the People’s Republic of China" in December 2016 promoted the development of the Chinese medicine industry.However,the dilemma of Chinese medicine compound patent infringement regulation of the Chinese medicine compound in the judicial practice has not been completely overcome.After analyzing of the judicial cases of Chinese medicine compound patents in recent years,it can be found that most cases are patent infringement cases and administrative cases of declaring invalidation of patents.It is a common strategy for patent infringement defense to declare patent invalidity,and it often becomes a tool used by infringers to circumvent patent infringement of Chinese medicine compound The typical behavior of infringements are the behavior of increasing or decreasing the dose and medicine composition replacement.Due to the complex composition of traditional Chinese medicine compounds,and the Characteristics of pharmacological effects of traditional Chinese medicines,there are many disputes and differences in the identification of infringement.On the one hand,it is necessary to flexibly determine the standard of Chinese medicine compound patent infringement and propose an application for reasonable restriction of invalidation.On the other hand,it is helpful to correctly apply the existing technical defense system to effectively safeguard the legitimate interests of the patentee,promote the development of the Chinese medicine compound,and protect the public’s health.