| Medicine,as a very special commodity,has always attracted public attention and academic discussion.Its research and development and listing require huge investment from investors.Drug patent systems in various countries also grant a certain period of market exclusivity for drugs,so that investors can recover costs,promote drug research and development,and stimulate innovation.However,with the coming of the "patent cliff",a large number of patents that are about to expire or have already expired adopt the patent "evergreen" strategy,intending to use this means to extend the patent protection period unreasonably,exclude competition from generic drugs,and harm the accessibility of drugs to consumers.China is a large country of generic drugs.Facing the lack of domestic drug innovation power,how to balance the incentive innovation and drug accessibility issues concerns the development of Chinese pharmaceutical industry.In 2021,the fourth amendment of the Patent Law has been implemented,and the patent link system and patent compensation period system have been formally introduced.Relevant departments have also introduced supporting systems and judicial interpretations to refine the revised part.The revised part of the Patent Law has played a certain role in regulating the evergreen behavior of drug patents,but the system is still not mature enough.By analyzing the legal regulation strategy of foreign drug patent "evergreen" behavior and combining with the basic situation of our country,this paper believes that on the one hand,patent examination standards are an important measure to solve the problem of patent evergreen.We should make full use of both administrative and judicial approaches to establish clear,strong,lenient and economical examination standards.On the other hand,to improve the inadequacies of our patent link system and patent compensation period system is an important part of the regulation of drug patent "evergreen" phenomenon. |
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