Analysis of overseas patent registration of the classical prescription of traditional Chinese medicine / 国际中医中药杂志

ABSTRACT

Through the analysis of patent jurisprudence, it is proved that the Classical Prescription of Traditional Chinese Medicine (CPTCM) belongs to the scope of "existing technology" in the Law of Patent, and has lost the foundation of obtaining patent rights. Taking Japan's CPTCM as an example, based on the analysis of the administration of CPTCM and patent applications related to CPTCM in Japan, it is proved that CPTCM can not obtain patent authorization in Japan. Through the comparison of patent in China, the United States, Europe and worldwide region, it is proved that China is still the main source of patent applications for Traditional Chinese Medicine. At the end of the article, the author puts forward the suggestion of "active protection". It is believed that we should abandon the concept of patent-only protection and improve the influence of Traditional Chinese Medicine in worldwide from the aspects of industrial development, promotion ofits application, and intellectual property protection.