Research On Infringement Determination Of Chinese Medicine Compound Patent

With the increasing popularity of traditional Chinese medicine,traditional Chinese medicine,as the treasure of China’s splendid civilization,has been favored by more and more countries,especially in the global epidemic of novel coronavirus pneumonia,the great role of traditional Chinese medicine in the treatment has attracted the attention of the whole world.However,China’s patent law started relatively late.As one of the objects of patent rights,the patent of traditional Chinese medicine compound still has many defects and deficiencies in the identification of infringement,which need to be further studied and explored.This paper combines the particularity of traditional Chinese medicine compound patent with the generality of patent infringement for analysis and exploration,studies how to define the scope of rights protection of traditional Chinese medicine compound patent,how to apply the basic principles of equivalence and existing technology defense,makes a typological analysis of the current judicial situation and two cases,summarizes the current problems that need to be optimized,and puts forward practical suggestions and Countermeasures for its improvement.Specifically,the first part mainly introduces the problems such as the lack of standards for the identification of infringement and the difficulties in patent protection of the current traditional Chinese medicine compound patent,and clarifies the research background,significance and ideas on the basis of sorting out a large number of documents.The second part accurately defines the meaning of traditional Chinese medicine compound and traditional Chinese medicine compound patent,and discusses the general theory of traditional Chinese medicine compound patent in infringement determination,including the determination of the object and type of infringement determination and the scope of patent protection.The third part makes a detailed description of the current situation and problems of patent infringement identification of traditional Chinese medicine compound.First,it analyzes the applicable principles of patent infringement identification of traditional Chinese medicine compound.On this basis,it comprehensively analyzes the current situation of patent infringement identification of traditional Chinese medicine compound according to various types of infringement and combined with judicial practice cases,so as to put forward the problems existing in the current patent infringement identification of traditional Chinese medicine compound.The fourth part analyzes the foreign patent infringement identification system in the United States,Europe,Japan and other countries,studies the advanced practices of patent protection and infringement system in various countries,and summarizes the enlightenment for the patent infringement identification of traditional Chinese medicine compound.The fifth part will put forward countermeasures and suggestions to better improve the current determination of patent infringement of traditional Chinese medicine compound on the basis of the problems mentioned above.