The Patent Protection Of Chinese Traditional Medicine Research

This paper raises the necessity and feasibility of patent protection of traditional Chinese medicine (TCM).Traditional Chinese medicine patent protection has its unique status and role, it has what varieties protection and business secret protection does not have the advantage.The existing main reason for the traditional Chinese medicine patent protection does not reach the designated position is the limitation of the traditional Chinese medicine patent protection scope, and the contradiction between individual interests and public interests.Part of traditional Chinese medicine (TCM) object because of could not find the corresponding protection provisions in the patent law, and excluded from the object of patent law, can be set through the special review rules to be included in the range of the object of patent law.In traditional Chinese medicine patent examination standards of novelty judgment should be "published", "public use" and "published" new definition. Traditional Traditional Chinese medicine patent creative judgment should draw lessons from the developed countries "non-obviousness" as a principle of judgment. The practicability of the traditional Chinese medicine patent judgment shall be extended appropriately review deadline and review data requirements.Traditional Chinese medicine patent protection to a certain extent pose a challenge to the public interest and impact, this needs through the terms and expand common interests, refined, increase the source of patent compulsory licensing, disclosure requirements to achieve the balance of the traditional Chinese medicine patent protection and public interest.