The Research On The Rules Of The Delimitation On The Scope Of Drug-using Patent Right

After being amended three times, the Chinese "patent law" is facing some newproblems with the changing of the international political and economic environmentand the increasing of the domestic judicial practice experiences. Patent issue involvedin the field of medicine is a key problem of every revision of the "patent law". Thecurrent legal system of the foreign patents law in the field of defining the scope of thepatent right on drugs has detailed regulations in the form of cases, or in the form ofother related legal documents. But we can see there is a lack of research on this fieldon China’s patent law and the regulations through the studying of the relevant judicialinterpretations and the relevant academic literature. The scholars have done and aredoing a lot of research on drug-using patent and relevant theory. As we all see, theresearch mainly focuses on the theoretic patentability and the purpose of legislationon issues such as the technology in this field. There are few researches involving inthe specific standard to define the scope of the patent right.Due to the particularity of the drug-using patent, the delimitation on the scope ofthe patent rights on drug using still has many problems when it is facing theadministrative examination and approval or using in patent infringement actions. Theapplicability of the delimitation is not only directly related to the alleged infringer’svital interests, but also has a great influence on the public health right considering at a deeper level. The writer believes that it is necessary to study the standard of thedelimitation on the scope of the patent rights on drug using.This paper is divided into four chapters. In the first chapter the writer outlines thetheory of the drug-using patent and discusses the influences of the basic connotationof the patents on defining the scope of the patent rights. In the second chapter thewriter analyzes the judicial and administrative status of the definition on the scope ofthe drug use patent through specific cases. In the third chapter the author studies therules of the delimitation on the scope of patent rights in foreign countries and tries tofind out the developing process of the delimitation on this field. The fourth chapter isthe conclusion of this article. In this part the writer gives her own position on the basisof discussing the rules of the definition on the scope of the patent right in details inorder to provide references for related practice in our country.