On The Patent Protection System Of Traditional Chinese Medicine Compound

China has made remarkable achievements in medicine patent protection since the implementation of patent system for more than three decades, one of which is the patent protection of Traditional Chinese medicine compound (TCM compound). However, defects cannot be ignored. For instance, due to the complex of medicinal ingredients, identifying TCM Compound is with difficulties, which cause problems in understanding of its patent protection. By combining Traditional Chinese Pharmacology with Law, this paper provides suggestions on protection of TCM Compound patent by discussing its scope, analyzing its application status, pointing out its interpreting, which aims to improve the current institutional system.This paper is divided into four parts. The first part focuses on the technology of TCM compound patent protection as well as its current application status. The purpose is to find out the causes of current situation by searching and analyzing recent application data from the State Intellectual Property Office patent website.The second part elaborates the censorship of the Three Characteristics of TCM compound patent that must be novelty, useful and not obvious. Understanding the three characteristics criteria accurately and developing proper censor standard that fits China’s situation as well as the characteristics of Chinese medicine will best protect TCM compound patent by all means.Part three explores the infringement on TCM compound patent. Traditional methods and principles of TCM compound patent infringement test are discussed generally as well as specifically in each case. In addition, various allegations of infringement are expounded in this part. The determination and establishment of applicable criteria of assessing TCM compound patent infringement plays a positive role in amending Compound Patent Law.Final part discusses the policies and measures of TCM compound patent protection in China, compared with that in other countries. The awareness of importance of TCM compound patent protection needs to be enhanced, the proper infringement standards to be established, the assessment criteria the Three Characteristics to be lowered and the mature law system to be developed.In conclusion, due to its own characteristics, TCM compound patent protection system must applies national conditions, which in return will better protect the patentees of TCM compound.