Construction Of Patent Value Evaluation Model Of Traditional Chinese Medicinal Products And Research On High-value Patent Cultivation Strategies

1 Research BackgroundIn recent years,the number of patent applications and the number of patents granted for traditional Chinese medicinal products in China have increased rapidly,but the overall situation is that the quantity is large but the quality is not good,which is not conducive to the progress and development of the traditional Chinese medicinal products industry.Therefore,the evaluation and cultivation of high-value patents for traditional Chinese medicinal products is urgent.The research found that there are several patent evaluation/cultivation standards in China,however,the patent text is different from other fields because of the complete industrial chain of traditional Chinese medicinal products,so the existing patent evaluation and cultivation standards are not applicable to the expansion and application of the whole field of traditional Chinese medicinal products.2 Research PurposeThis study intends to optimize the index system for evaluating the value of single traditional Chinese medicinal products patents,construct a model for evaluating the value of single traditional Chinese medicinal products patents,realize the transformation from manual evaluation to automatic evaluation,analyze the entry point,protection power and patent layout rationality of traditional Chinese medicinal products patents portfolios,and carry out empirical analysis of the traditional Chinese medicinal products patents value evaluation model,analyze excellent layout cases of high-value patents(portfolios),and explore the formulation of high-value patents cultivation strategies for traditional Chinese medicinal products patents.3 Research Content and Method3.1 Research content 1 Optimization of the evaluation index system of the val ue of single traditional Chinese medicinal products patentsBased on the index system of evaluation of patent value of traditional Chinese medicinal products developed in the master’s stage,this study uses the expert consultation method to update the evaluation indexes and standardize the index names,so as to optimize the index system of evaluation of patent value of single traditional Chinese medicinal products.3.2 Research content 2 Construction of a single patent value evaluation model for traditional Chinese medicinal productsThis study uses the Patsnap database as the data source to search patent data of traditional Chinese medicinal products,applies the stratified sampling method to determine the sample patents used to construct a single traditional Chinese medicinal products patent value evaluation model,derives the patent data corresponding to the evaluation indexes in batch,standardizes them,and applies the random forest regression algorithm to construct the evaluation model.3.3 Research content 3 Analysis of entry point,protection power and patent la yout rationality of patent portfolio of traditional Chinese medicinal productsWhen considering the value of the patent portfolio of traditional Chinese medicinal products,we first determine the composition of the patent portfolio of traditional Chinese medicinal products through a comprehensive patent search,and the layout of patent portfolio is judged comprehensively based on the entry point,protection power and rationality of the layout of the patent portfolio based on the industrial chain of traditional Chinese medicinal products.3.4 Research content 4 Empirical study on the evaluation of patent value of tr aditional Chinese medicinal productsThis study takes large varieties of traditional Chinese medicine as the object of empirical research,analyzes the overall situation of patents of large varieties of traditional Chinese medicine,and measures the patent value of large varieties of traditional Chinese medicine by using the single traditional Chinese medicinal products patent value evaluation model,and analyzes the high-value patent layout characteristics of outstanding traditional Chinese medicinal products enterprises by using the case study method.3.5 Research content 5 Research on the cultivation strategy of high-value paten ts of traditional Chinese medicinal productsThis study details the industrial chain of traditional Chinese medicinal products,clarifies each link,explores patentable technology points from existing traditional Chinese medicinal products patents,sorts out the research ideas of traditional Chinese medicinal products patents,and proposes strategies for cultivating high-value traditional Chinese medicinal products patents according to different research and development needs.4 Research Results4.1 Optimizing the index system for evaluating the value of single traditional Chinese medicinal products patentsIn this study,a patent evaluation index pool for traditional Chinese medicinal products is constructed,which contains four dimensions:legal,technical,market and quality,with a total of 41 indexes.The legal dimension contains four indicators,including patent maintenance time,reasons for patent expiration,patent type and number of claims;The market dimension includes 5 indicators of patent pledge,patent litigation,patent license,number of homologous patents and patent transfer;technology dimension contains 6 indicators:number of comparison documents,number of times the patent has been cited,number of cited literature,number of co-applicants,number of pages in the specification and number of comparison documents;the quality dimension includes drug properties,contraindications,inclusion and exclusion criteria,prescriptions,statistical methods,experimental studies,quality control methods,efficacy,pharmacological effects,traditional Chinese medicine base origin,flavor addition and subtraction,adverse reactions,etiology and pathogenesis,formulation ratio,efficacy criteria,diagnostic criteria,dosage and usage,route of administration,dosage form,active ingredients,clinical studies,content determination methods,identification methods,sexual flavor and meridian,and Typical cases,epidemiology 26 indicators.4.2 Construction of a single patent value evaluation model for traditional Chine se medicinal productsA total of 35,304 patents were searched,and 10,000 patents were extracted using the stratified sampling method,including 7,897 invention patents,347 utility model patents and 1,756 design patents;the BiLSTM-CRF-BERT model was used to obtain the quality dimension data,and the search accuracy rate was 96.47%,the search completeness rate was 91.92%,and the F1 average value was 94.14%;after analyzing each index and combining the advantages and disadvantages of the regression algorithm and the applicable scenarios,the random forest algorithm was finally selected to construct the evaluation model,in which the R2 value was 0.965,the MAE value was0.097 and the MSE value was 0.034.4.3 Analysis of entry point,protection power and patent layout rationality of p atent portfolio of traditional Chinese medicinal productsWhen considering the value of traditional Chinese medicinal products portfolios,this study summarizes three common patent portfolio purposes,including protecting classical prescriptions,fighting against competitors and occupying first-mover advantage,and then patent evaluation is carried out according to the above three purposes of patent portfolio.For the patent portfolio for the purpose of protecting classical prescriptions,the first step is to analyze the matching degree of classical prescriptions from the quality dimension,to judge the protection power of the patent portfolio from multiple dimensions and to analyze the comprehensiveness of the patent portfolio layout;for the high-value patent portfolio of traditional Chinese medicinal products for the purpose of fighting against competitors,the first step is to study the patent portfolio profile of competitors,to compare and analyze the competitive strength from multiple dimensions and to analyze the reasonableness of the patent portfolio layout;for the purpose of occupying For the high-value patent portfolio of traditional Chinese medicinal products with the purpose of occupying the first-mover advantage,we first analyze the patent technology advancement,multi-dimensional judgment on the comprehensive patent portfolio defensibility,and analyze the patent portfolio layout foresight.4.4 Empirical study on the evaluation of patent value of traditional Chinese me dicinal productsA total of 3191 patents related to large varieties of traditional Chinese medicine were searched,among them,there were 1970 invention patents,150 utility model patents and 1071 design patents;according to the geographical division,East China has the most patents for large varieties of traditional Chinese medicine,while Northwest China has the least patents;analyzing from provinces,Guangdong Province has the most patents.The top five provinces in terms of number of patents are:Guangdong Province,Shandong Province,Tianjin City,Guizhou Province and Jiangsu Province,using the evaluation model of patent value of single traditional Chinese medicinal products to evaluate the patent value of large varieties of Chinese medicine,a total of 871 patents were initially judged to be high-value patents of traditional Chinese medicinal products,all of them are invention patents;Tianshili Medicine has the largest number of high-value patents for large varieties of traditional Chinese medicinal products,with a total of 40 the highest ratio of high-value patents for large varieties of traditional Chinese medicinal products of Tianshili Zhizhao;taking Tianjin Tianshili Zhijiao Pharmaceutical Co as an example to analyze the patent strategy,it is found that it has the characteristics of comprehensive scope of patent portfolio,high value of single patent,diversified means to broaden patent portfolio,comprehensive patent types and confusing patent application strategy.4.5 Research on the cultivation strategy of high-value patents of traditional Chi nese medicinal productsThe traditional Chinese medicinal products industry chain is divided into three stages:upstream,midstream and downstream.traditional Chinese medicinal products agriculture is the upstream link of the industry chain,which is related to planting/breeding and preliminary processing;traditional Chinese medicinal products industry is the midstream link,which is the process related to the production and processing of traditional Chinese medicinal products products;traditional Chinese medicinal products commerce is the downstream link,which focuses on clinical application.Among the 35,304 patents on traditional Chinese medicinal products,method patents are the most numerous,totaling 10,117,and use patents are the least,with only 1,367.Among the method patents,the preparation method is the main one,accounting for 94%,followed by the testing method,accounting for 4%,in addition to the content determination method,preparation method,identification method,storage method,cultivation method,breeding method and planting method;among the patents for traditional Chinese medicinal products products,the pharmaceutical preparation category is the main one,accounting for 6986 patents,accounting for 70%,and there are 2807 processing equipment category Among the patents in the category of traditional Chinese medicinal products products,patents related to the use of new combinations are dominant,with a total of 843 patents,accounting for 62%,and patents for new uses of traditional Chinese medicinal products,with a total of 346 patents,accounting for 25%,and patents for new uses of Chinese herbal medicines,accounting for the smallest proportion,about 13%.The research and development ideas of traditional Chinese medicinal products patents can be broadly divided into two categories:enhancement type and reduction type.The enhancement type represents the enhancement of positive results,such as:improving disease resistance,improving the survival rate of transplantation,etc.;the reduction type represents the weakening of negative results,such as:reducing the problem of self-incompatibility,reducing the depletion of herbs,etc.The cultivation strategies for single traditional Chinese medicinal products high-value patents include improving the stability of patents,treating the timing point in the patent application process carefully,paying attention to the strength of claim protection,choosing the appropriate homologous patent route,promoting patent transformation,avoiding patent infringement and mastering patent text writing skills;the cultivation of traditional Chinese medicinal products high-value patent portfolio is divided into protecting classical famous prescriptions,occupying first-mover advantage and confronting competitors.Finally,the considerations for cultivating a high-value patent portfolio are proposed,such as the overseas layout of traditional Chinese medicinal products patents needs to be tailored to local conditions,the use of patent strategies to reasonably extend patent protection,and the expansion of patent portfolios through independent research and development,cooperation between industry,academia and research institutes,and patent mergers and acquisitions.5 Research Conclusion(1)single patents are mainly analyzed quantitatively,and the quality dimensions proposed in addition to the common legal,technical and market dimensions can help reflect the characteristics of traditional Chinese medicinal products patents and are more suitable for evaluating traditional Chinese medicinal products patents.(2)The use of random forest regression analysis algorithm to construct the evaluation model of the value of single traditional Chinese medicinal products patents helps to simplify the evaluation process of traditional Chinese medicinal products patents,improve the evaluation efficiency and complete the transformation from manual evaluation to automatic evaluation,in addition,it can also complete the patent early warning analysis by comparing with competitors’ patents.(3)When considering the value of patent portfolios of traditional Chinese medicinal products,the main consideration is patent layout,and the division of patent portfolios according to different patent purposes is more conducive to expanding the scope of application.(4)In the empirical evidence,it is found that there is a large difference in the number of patent applications among traditional Chinese medicinal products enterprises,and those traditional Chinese medicinal products enterprises with more patent applications have a stronger awareness of patent protection and tend to strengthen protection by constructing patent portfolios,and possess a greater proportion of high-value patents as well.(5)Formulating cultivation strategies for single high-value patents of traditional Chinese medicinal products helps to improve the quality of traditional Chinese medicinal products patents and create a good foundation for building high-value patent portfolios.Formulating a high-value patent portfolio for traditional Chinese medicinal products helps protect classical famous prescriptions,helps traditional Chinese medicinal products enterprises fight against competitors or maintain first-mover advantages in market competition,and improves the protection of traditional Chinese medicinal products enterprises from the patent perspective.