Research On The Status Quo And Countermeasures Of Traditional Chinese Medicine Protection Under The Patent System

Influenced by the conventional Chinese medicine theory,Chinese traditional medicine has the characteristics of cheapness,low bad aspects and rich resources,and it has enormous benefits in prevention,treatment,rehabilitation and physiotherapy and helps the development of the whole social health cause.However,in China,the intellectual property system commenced late,there are many defects in it,and the frail protection awareness of some property owners,scientific research institutions value papers more,all of those contributes to the result that the intellectual property protection of Chinese medicine is facing a severe situation.Combined with the novel coronavirus pneumonia in the world,Chinese medicine is very important in this process,in that improving the protection system in Chinese medicine and cultivating the legal consciousness of Chinese medicine knowledge holders to protect their knowledge and rights are both very significant.In this paper,from the perspective of law,the author,combining the history of the patent development of Chinese medicine,starts from the protection scope and protection system of conventional Chinese medicine patent in China.By learning from the successes and failures of other countries in the protection of drug patent,the author analyzes the defects and causes of Chinese patent protection of conventional Chinese medicine,and proposes corresponding measures.In this paper,WTMPD and SooPAT patent retrieval system are used to collect the patent application data of Chinese medicine from 2009 to 2019 in the hot technology concentration areas of Chinese medicine,namely A61K35,A61P and A61K36.Taking the descriptive analysis method,the patent application quantity,authorization rate,applicant information and conventional Chinese medicine function were all analyzed,and in order to show the above information clearly,the author chooses to make three-lines tables and histogram.The results show that although the patent application is on the rise,the main functions of conventional Chinese medicine are not competent,and the applicants are mainly non service inventions and enterprises.Thus,strengthening the tripartite synergy of patent applicants,agents and examiners of traditional Chinese medicine,fining down the system infringement cases,further improving the research and development level and gold content of conventional Chinese medicine patent,in order to protect the system of it in China and enhance the industries of Chinese medicine of China.