Research On The Compensation System For Drug Patent Term Under The Background Of The New Patent Law

The drug patent term compensation system,also known as the drug patent term extension system,as one of the important contents of drug patent protection,compensates the qualified drug patent term.The grasp of social and public health in the process of drug research and development and marketing and the development environment of the pharmaceutical industry determine that the period of patent protection for drugs should be appropriately adjusted and extended.The Patent Law of the People’s Republic of China(hereinafter referred to as the New Patent Law),which was passed in 2020,adds a compensation system for the term of drug patents,which realizes the level of drug protection in line with developed countries and even the world.China’s compensation system integrates the excellent legislative experience of other countries,based on the current situation of the pharmaceutical industry in China,and fully demonstrates the characteristics of China’s system,but through research and analysis,it is found that there are still some practical dilemmas in the system,and there is still room for further refinement and improvement of the specific content.The article is divided into four sections:The first part is an introduction.The research background,research purpose and significance,literature review,and research ideas of the drug patent term compensation system are discussed.The second part is the reasons for the emergence and theoretical basis of the drug patent term compensation system.The drug patent term compensation system is indiscriminate in the United States,the drug research and development and marketing process itself has a special nature,coupled with the pharmaceutical industry environment determines the difference between drug patents and other invention patents in other fields,so it is necessary to adjust the patent protection period to a certain extent.The third part is the specific content and institutional dilemma of China’s drug patent term compensation system.Through sorting out China’s drug patent term compensation system under the background of the new Patent Law,the development path and specific content of the system are summarized,and the problems existing in the system under the current legislative framework are analyzed in detail.The fourth part is to improve the compensation system for the term of drug patents in China.Combined with the problems existing in the drug patent term compensation system proposed in the previous part,further discussions were carried out,and corresponding improvement suggestions were made on the definition of the concept of "new drugs",the setting of the transition period,and the scope of term compensation.