Research On The Dilemma And Improvement Of Traditional Chinese Medicine Patent Linkage Syste

Traditional Chinese Medicine(TCM)is a precious cultural heritage of China.It is one of the most powerful therapeutic tools to protect the health of Chinese people for thousands of years.In the past hundred years,the development of TCM in China has lagged due to various reasons,more or less leading to the predicament of the protection and development of TCM.At present,it is the consensus of the public that only innovation can drive industry progress.In order to balance the interests of the three parties: original research drug producers,generic drug dealers,and the public interests in society,it is essential to solve the drug patent disputes in advance.For instance,the United States created a link system for the drug patent disputes linkage.The main content of this paper is the dilemma and improvement of the patent linkage system of traditional Chinese medicine.This paper introduces the general situation and legislative process of the patent linkage system of traditional Chinese medicine in China,the specific manifestations and causes of the predicament of the patent system of traditional Chinese medicine in China,and the relevant systems of traditional Chinese medicine in the foreign drug patent linkage system and its enlightenment.Based on the problems discovered,causes and foreign experience,the article puts forward its own suggestions from several aspects,such as methods to improve the quality of traditional Chinese medicine patents,ways to improve the lack of correspondence between traditional Chinese medicine patents and drug standards,and ways to improve the transparency of traditional Chinese medicine patent registration platforms.In the process of upgrading from a large intellectual property country to a power,TCM should become a powerful tool to promote development,strive for innovation and maintain balance.With the revision of the Patent Law in 2020,TCM had also been on the threshold of the "imported product" of patent linkage.This article mainly introduced drug patent linkage in China discussed the difficulties and causes of applying a patent linkage system to TCM and introduced foreign drug patent linkage to solve similar problems.The object of this study is more than 300 patents of TCM published and registered on the Chinese listed drug patent information registration platform from July 4,2021,to May 31,2022,combining drug standards,cases,and literature of the first part of the Chinese Pharmacopoeia(2020edition),Pat Snappers,Pubiao,Yaozhi,CNKI and other databases.as well as the knowledge,cases,and literature related to the same patent and drug standards with Traditional Chinese Medicine with the same name and prescription.From the perspective of system research,the article found the difficulties,manifestations and causes of the current patent linkage of TCM and put forward suggestions for improving the TCM patent dilemma.Patent linkage is a good attempt to protect the intellectual property of TCM.At present,the research on patent protection of TCM at the legal level focuses on how to conduct patent protection and infringement boundary analysis of traditional Chinese medicine.There is relatively little research and analysis on the dilemma of the traditional Chinese medicine patent linking system.However,such research on the dilemma of the new system is very necessary and unavoidable,because only in this way can the system be truly implemented.It is hoped that the vitality of Traditional Chinese Medicine can bloom again through the traditional Chinese medicine patent link system,so as to better realize the strategic service of "health for all" and contribute to the Great Rejuvenation of the Chinese Nation.