Research On The Three Characteristics Of Traditional Medicine Patent Examination And Its Tort Relief

Traditional medicine is a kind of precious intellectual achievement which is accumulated during the long diseases treatment procedure of Chinese people of all nationalities. The research results of traditional medicine are most preserved as medical books and they have made great influences on the development of foreign traditional medicine in the international exchanges. But with the birth and development of modern science and technology, the western medicine based on data research has occupied the field of disease treatment. Chinese traditional medicine can’t be illustrated completely by modern medical technology. It even has been denounced as pseudoscience for its unique treatment concept and therapeutic method. Nowadays, the limits of western medicine have gradually shown with the development of science and technology. So the advantages of Chinese traditional medicine has shown up. The rich source of traditional medicine has been the key point to the development and innovation of medical technology. Besides, it has become a goal which is raced to control by a great number of medical enterprises for its prospect of huge medical marketing profits.The provisions for the current patent authorization practicability,novelty and creativity of the review standards, a large number of traditional medicine is difficult to obtain patents. In the face of traditionalmedical tort, the general standard is difficult to apply to the patent infringement. This paper mainly puts forward problems, analyze problems and solve problems. This article makes use of the patent search data survey of State Intellectual Property Office of the P.R.C and the latest seminar research results here and abroad. It collects, adds up and makes a contrastive analysis of the present patent applications and patent granted of traditional medicine in China. It puts forward that we should make some modification of the examination standard and the determination of patent infringement of the traditional medicine and its three characteristics on the basis of reserving the present patent examination, combining the particularity of traditional medicine. At the same time, we also use the fruits of patent examination standard and develop strategy abroad for reference, with the hope that it would be helpful to our Chinese traditional medicine patent protection system and our construction of legal system. By doing that improves the level of Chinese traditional medicine protection, promotes the advance of our traditional medical enterprises and achieves the international goal of traditional medicine.