ABSTRACT
Objective:The particularity of drugs determines the particularity of drug patents. From the legal perspective, this means that special terms should be included designed in the patent law system.The interests of patent holders are not fully protected currently, although some drug related provisions have been set in the current patent law. Along with the many reforms that China has implemented in the field of new drug research and development, there are some problems related to drugs that need to be resolved in the patent system, This article will explore this issue.Methods:Based on the particularity of drug patents, this paper analyzes the necessity of improving the relevant provisions of the patent law for the research and development of new drugs, and proposes suggestions for improving the terms of drug patents.Results:There is still space for improvement in terms of balancing the interests of the innovator, the generic maker and the public.Conclusions:The necessary improvements and adjustments to the drug provisions in the patent laws and regulations need to be made in order to further enhance the patent system’s role in promoting the research and development of new drugs.
