Research On Invention Patent "Three Characteristics"Review Standard For Traditional Chinese Medicine

Chinese medicinal herb is our excellent traditional culture and has tremendous contributions in Traditional Chinese medicine with a long-term clinical and the accumulation of experience. In recent years, with the boom of "return to nature" and "the renewed emphasis on natural medicine", Chinese medicine has entered into a new period of development. Although Chinese medicine is the most national characteristics and technical advantage specialty that China compete with other countries for world market, but according to the world health organization, at present Japan and South Korea share the largest trade volume all around the world annually in the global plant pharmaceuticals market, China sharing only a small portion of the whole. The fountainhead of the crisis, on the one hand, because of behindhand basic research and lower-skilled for traditional Chinese medicine industry; On the other hand, the protection of intellectual property rights of traditional Chinese medicine is not due attention. Patent has been recognized as the most effective method to protect technology, however, the existing patent system was established on the basis of Western pharmaceuticals, which prevent the TCM from being applied patent rights.The core contents compound are "three Characteristics" reviewing. The paper elaborate "three Characteristics" reviewing of the patent application for TCM from four parts.Part I briefly summarizes the concept and basic theoretical of traditional Chinese medicine and the patent, and then deeply analyze the current situation of the patent protection for domestic TCM through the intuitive data.Part II analyze theory for "three-characteristics" concept and review-benchmark in "Guidelines for patent examination", and explain the principle of substantial examination for TCM invention patent. Part III is the key part of this paper. It bases on the Patent Law and the characteristics of TCM under the purpose of protecting effective technology and in terms of relating to scope about TCM invention patent, the paper positive analyzes the specific content、 review-benchmark and strategy of the invention patent application for TCM around patent "three-characteristics" standard. For instance, TCM compound、Chinese Medicine technology、Chinese Herbal Medicine Cultivation Technology、TCM compound processing techniques, Chinese medicine materials, and so on.Part IV points out the difficulties and problems about the invention patent application for TCM under the current patent examination system, and sets out interrelated proposition. Finally it suggests that "The Patent Examination Guide" should combine with the characteristics of TCM, refer to Taiwan, give differentiated treatment to TCM patent application, and set a standard which is specific for TCM.Hope this paper helps to heighten public ability of understanding and mastering substantial examination for TCM invention patent, promotes traditional Chinese medicine patent examination standard to further perfection and takes benefit of the protection of traditional Chinese medicine and the development of traditional Chinese medicine industry.