On The Application Of The Principle Of Equivalence In The Determination Of Patent Infringement Of Traditional Chinese Medicine Compound

Traditional Chinese medicine compound prescription refers to a prescription formed by combining two or more medicines by Chinese medicine on the basis of identifying symptoms and establishing treatments.At present,our country’s traditional Chinese medicine compound industry is facing serious patent infringement problems,which mainly include infringements such as compatibility of traditional Chinese medicine compound drugs,increase or decrease in dosage,dosage form changes,and preparation methods.The principle of infringement determination in the existing legislation does not apply to abstract Chinese medicine compounds,and the principle of equivalence established in judicial interpretations also has certain difficulties in its application.Based on the basic theories of patent law and relevant administrative regulations and policies,this paper tries to discuss the standard judgment of infringement of the infringement of Chinese medicine compound prescriptions combined with the unique disciplinary characteristics and theories of Chinese medicine compound prescriptions.Specifically,this article aims to use the experience of the equivalent infringement systems in Germany,the United States and Japan,and combine the existing domestic equivalent infringement theory and judicial practice to classify the technical characteristics of the equivalent infringement of Chinese medicine compound and clarify the judgment standard of the principle of equivalent infringement of Chinese medicine compound.There are theories of non-substantial difference standard,overall equivalent standard and specific feature equivalent standard,overall equivalent standard and all technical feature standard in the current academic circle.In a nutshell,based on the general principles of infringement judgment and combined with the particularity of Chinese medicine compound prescriptions,auxiliary rules should be proposed to construct a complete judgment standard and system for the principle of patent infringement equivalence of Chinese medicine compound prescriptions.