Research On Non-Patent Of Medical Method Of China

The history of human is progressing,which is the result of labour.Charl Marks said:the difference between human and animal is human being having the quality of labour which makes human progressing.Long long ago,human thought that manual labour was the only way to obtain the fortune,but with the wisdom of human progressing,they found that brainwork had the same result,and brainwork could create more wealth than manual work.So in human’s eyes,the knowledge is the wealth.To protect the owner of knowledge,intellectual property had appeared,which is a system about interest of the holder of it and other citizens And it is also the result of interest,which includes patent,copyright,,trademark.As a part of the intellectual property,patent system is also the result of interest about owner of patent right and other citizens.So how to make the balance between them and whether patent right should be given to the inventors is the main idea of this article.With the progressing of medical technology and the reform of health care system,the potential of medical technology has shown gradually.Whether giving the patent right to the inventors has been the hot issue,but there is no same provisions in the world.Now,considering the provisions about humanitarian and social morality of TRIPS,almost countries don’t award the patent right to inventors except USA and Australia.Whether medical method can be protected by patent system and how to protect are the issue which China is facing.In the article,basic knowledge about medical method lays foundation to this article,including its definition,characteristics and species,also same content with patent system.Then,writer analysis the patent system about medical method of other countries,including its history,provisions,the development trend and according to these factors,writer puts forward some evaluation,hoping provide experience to our country.Then by introduce situation about law,provisions,history,nature of medical method concluds the need for no-patent and the feasibility of no-patent.At last,through studying the result of the analysis,we can’t award the right to the medical method.But,it must be protected by other system.Now,the balance of interest is importance,especially between citizens,inventors and patients.So,main idea of the article is constructing a system of it.