Research On Patent Registration And Publicity System Of Pharmaceutical Patent Linkage

The pharmaceutical patent linkage system creates a “linkage” between drug registration approval and patent protection by registering relevant patents of innovation drug and making corresponding patent statements of generic drug,in order to evaluate whether the production and sales of generic drug will infringe patent rights of innovative drug before the approval of generic drug.China plans to improve drug registration management and to build patent linkage,which currently only has a preliminary framework and is lack of an operational patent registration and publicity system as its basis.This paper compares pharmaceutical patent linkage systems and its patent registration and publicity system in US and China,analyzes problems and defects thereof,and provides suggestions for improving patent registration and publicity system in order to promote development of China's pharmaceutical industry.This paper believes that a proper patent registration publicity system could be established by building a joint examination mechanism,making substantive examination of patent registrations and patent statements,building a special registration platform,specifying regulations of patent registration to avoid improper registration and abuse,and building correction procedure against improper registration.