RESUMO
Orbit Patent Database was used to search the international herbal invalid patents, using qualitative and quantitative analysis methods to analyze application countries, patent applications, patents, several aspects of the invalid type, number and proportion, institutional rankings, and institutional comprehensive comparison. The number of Chinese materia medica (CMM) invalid patents is the largest, and the invalid rate of Korean herbal patent is lowest. Unauthorized proportion of Japanese herbal patent is the highest. Chinese enterprises are gathered on applying then gathered on invalid, remaining for a short period to maintain the patent, and the patent invalid number of foreign companies is more evenly distributed. CMM research institutes patent applications related to a higher quality. The beginning of the traditional Chinese patent development is later than that of other countries, and the development is relatively slow. There is a problem of higher number of patents invalid patent, low patent quality, and there is an urgent need to improve the international competitiveness of CMM fields.
RESUMO
〔Abstract〕 Based on analyzing the background of generic drugs research and development, the paper elaborates the utilization meth-ods of drugs invalid patents, including information sources optimization and retrieval, invalid patents selection indexes and methods, in-fringement avoidance strategy.It takes the gastrointestinal stromal tumor drugs for example to find out drugs which can be imitated, pros-pects the future application of invalid patents information.