The Research Of The Patent Protection Of Markush Compound

Markush compound with one or more variable groups, on the foundation of a certain basic chemical construction, is a general compound with the same property and application. In consequence that the right claim of Markush has a wide scope of protection, it has been used as "runs the horse stable place" in the intellectual property protection in the filed of biotechnology and medicine. These days, since the development of our national medical industry has achieved great advance and the fruits of science and technology are constantly emerging, as the headstream of pharmaceutical intellectual property protection, its patent application has been more and more. And how to effectively protect the high technical complexity, far-reaching law covers and the maximum benefits of Markush compound patent has been the highlight to an applicator. Although Markush compound has been invented for over ninety years and countries have gone through a quite long time exam practice, there is no specific rule of its exam standard by any country or area yet. Since most applicators in our nation haven’t known enough of Patent Law, the patent application of Markush compound exists many questions, like the awkward situation of getting half the results with twice the effort which apparently counts against to ensure the late pharmaceuticals market. Thereby, how to use the protective strategies of the patent application of Markush compound so that our fruits of pharmaceutical research can be further protected, that is an important project of our pharmaceutical industry nowadays. Case analysis methods is been applied in this article to make depth profiles like the aspects of three characteristics of patent (practicability, inventiveness and creativeness) and claim rights of instruction. The purpose is to reveal the current situation of the patent application of Markush compound within domestic applicators, to indicate the existing problem and to find appropriate applying strategies. Results and conclusions:The patent application of Markush compounds is very complex, which demands good retrieval work and hard try in overcoming the deficiencies of novelty at the beginning of the writing. And when it comes to the patent drafting, the arrangement of embodiment should be appropriate, open and moderate, neither appearing the insufficient disclosure of specification nor the unsupported specification of claims. And in the process of the patent document submission, the priority rules and the choices of advanced public way should be applied reasonably in order to delay disclosure as long as possible and achieve the longest period of secrecy.