Discussion on Chinese Medicines’Patent Application and Eligibility in the United States
10.6039/j.issn.1001-0408.2016.16.03
- VernacularTitle:中药在美国的专利申请与专利适格性探讨Δ
- Author:
Chuoji HUANG
;
Siqi TIAN
;
Xianbo TANG
;
Yuanjia HU
- Publication Type:Journal Article
- Keywords:
Patent;
Chinese medicine;
Eligibility
- From:
China Pharmacy
2016;27(16):2168-2171
- CountryChina
- Language:Chinese
-
Abstract:
OBJECTIVE:To provide reference for the approval of Chinese medicines’patent application in the United States. METHODS:The requirements of patent eligibility in the United States were interpreted;two important patent cases(“Mayo case”and“Myriad case”)were analyzed in recent years,and the effects of“patent eligibility guideline”on Chinese medicines’patent ap-plication in the United States were also analyzed;the suggestions were put forward according to the situation of Chinese medicines’ patent application. RESULTS & CONCLUSIONS:Patent eligibility required that patent protection objects should be included in ob-ject range which could be vested patent right stated in patent law. The analysis of“Mayo case”“Myriad case”and patent eligibility guideline indicated that if related Chinese medicines’patent was to obtain patent approval in the United States,notable difference between the medicine and natural products as well as the order of nature must be clearly stated;technical attributes should be em-phasized,and different patent application ideas were adopted for different types of invention in order to guarantee patent eligibility. At present,small number of Chinese medicine’s patent in the United States come from China,and relevant enterprises should liber-ate themselves from the misperception that Chinese medicines do not hold patent eligibility. Hence,it is suggest that the first claim in the patent should not be too definite in Chinese medicines’patent application,afford more comprehensive application,strength-en patent protection of classic Chinese medicine recipe and stress patent eligibility.
