中药专利审查制度现状分析与完善

On the Problems and Improvements of Patent Examination System of Traditional Chinese Medicine

目前我国中药专利审查制度存着中药数据库不完备、缺乏专利申请披露有效敦促机制的问题。借鉴国外的立法和实践经验,针对目前中药专利审查制度存在的瓶颈问题,从两个方面提出具体建议以完善中药专利审查制度:制定中药传统知识登记制度,建设完备的中药数据库;健全来源披露制度,敦促专利申请人履行披露义务。

The bottlenecks of our patent examination system of traditional Chinese medicine are that the traditional Chinese medicine database is incomplete and that there is no effective mechanism to urge patent applicants to disclose existing technology. Therefore, this article refers to foreign legislation and practice experience, and put forward two proposals to improve our system. Specifically,one is to constitute registration system of traditional knowledge of Chinese medicine and supplement the traditional Chinese medicine database, the other is to revise the origin disclosure system and urge patent applicants to perform their disclosure obligations.