Analysis on present situation of patent creativity for Chinese materia medica in China
- VernacularTitle:我国中药专利创造性的现状分析
- Author:
Haiying YONG
;
Shanxing GAO
- Publication Type:Journal Article
- Keywords:
Chinese materia medica (CMM);
Chinese materia medica patent;
creativity
- From:
Chinese Traditional and Herbal Drugs
1994;0(06):-
- CountryChina
- Language:Chinese
-
Abstract:
According to the relative data of the patents awarded in the field of Chinese materia medica (CMM) announced by State Intellectual Property Office of P. R. China during 1998-2003, the amounts of CMM patents awarded with different types, compounds and active constituents, and service and non-service patents of CMM were compared and analysed. The amounts of inventive CMM patents have been more than that of the patents of utility model and design, the patents of CMM compound have greatly exceeded the patents of active constituent of CMM. Non-service patents of CMM has absolute predominance compared with the service patents. However, percentage of patents of active constituents and service patents of CMM are important targets to measure the creativity of CMM patents. This difference has reflected the present situation of CMM in China-lack of creativity. Based on the authentication of CMM creative patent, the cause of the above-mentioned situation has been analysized, and that our Patent Law should perfect the criterions of the CMM creative patent has been proposed so as to encourage the individuals and enterprises to advance the creativity of CMM in skills furtherly and strengthen the ability of protecting Intellectual Property Right and power of international competition for CMM.
