The hottest patent how to use this double-edged sw

2022-08-15
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How to make good use of the double-edged sword patent after China's entry into WTO, many pharmaceutical enterprises have realized the role and importance of intellectual property rights. However, how to protect intellectual property rights and other issues still plagued many pharmaceutical enterprises. Patent is a double-edged sword. Zhou Heping, a researcher at the Intellectual Property Office of China Pharmaceutical University, said that the reason why patents are a double-edged sword is that patents not only protect our own innovative achievements, but also restrict our free imitation due to the protection of others. Zhou Heping believes that whether patents can be used by me ultimately depends on two factors: information acquisition ability and innovation ability. On this basis, if we get policy support from relevant government departments, the odds of winning will increase. To cultivate "information acquisition ability and innovation ability", it is necessary to have the ability and try our best to comprehensively search patent documents because PAN based carbon fiber composites have high strength, light weight and other characteristics, which is the basis for preventing infringement and innovation. The most important of all information is patent literature. The final outcome of all disputes involving patents, regardless of the outcome, stems from patent documents, which are still lacking in Chinese pharmaceutical enterprises. Therefore, we must be good at using patents and subordinate patents as chips. It should be noted that most of the innovations are based on previous studies. Pure imitation is lying on the body of predecessors, and using patent information to innovate is to stand on the shoulders of others, and taking its advantages to make up for its disadvantages is innovation. The advantage of Chinese pharmaceutical enterprises is the research and development of new processes, and there is a great possibility of innovation in new compounds, new dosage forms and new medical uses. Therefore, we should track the information of foreign pharmaceutical patents, analyze which new compounds may be new drugs with market prospects, and take the lead in developing their new processes, new compounds, new dosage forms, and new medical uses, so as to obtain the subordinate patents of the new compounds. Strive to use subordinate patents as chips for cross licensing, break through the foreign patent matrix, and exchange for the production and sales rights of new drugs. There are three keys to implementing this strategy: accurate selection of topics, early follow-up and innovation. For the traditional Chinese medicine products of domestic pharmaceutical enterprises, there is a difficult paradox between the protection of pharmaceutical intellectual property rights and the revitalization of China's pharmaceutical industry. For example, Guangzhou Qixing Pharmaceutical Co., Ltd., which owns the old brand Huatuo Zaizai pill, is facing such a problem. It is reported that it is precisely because the production prescription of Huatuo zaizao pill has been classified as a confidential prescription by relevant national departments since 1985, the sales volume of this drug has been in the forefront of the country among similar drugs, and the sales volume of this drug reached 180million yuan in 2004. But now it faces an embarrassing problem: Qixing pharmaceutical is carrying out the secondary development of Huatuozaizao pills. The key to the expansion of the secondary base is that the results of the internal cause development plan to apply for patent protection. However, under the current domestic rules for the protection of intellectual property rights of traditional Chinese medicine, the production prescription must be made public in order to obtain relevant patents. Therefore, enterprises are worried about the leakage of secret recipes. In addition, the cost of maintaining intellectual property rights is also high. As for the practice of protecting trade technical secrets, Zhang Qingkui, Minister of the medical examination department of the Patent Office of the State Intellectual Property Office, believes that "it is not a long-term solution". Zhang Qingkui pointed out: "from the perspective of international trends, it is becoming more and more difficult to protect drugs by means of technical confidentiality." It is gratifying that recently, a relevant person from the State Intellectual Property Office said that the "Regulations on the protection of traditional Chinese medicine" is about to be revised. The revision of the regulations has three directions: do not conflict with the patent law, do not protect backward, and formulate a reasonable protection period (no more than 10 years). It is hoped that the loss of intellectual property rights in the traditional Chinese medicine industry will be gradually solved, and enterprises will choose to protect their intellectual property rights in the form of justice. According to Lu Aiying, director of the chemical drugs division of the drug registration department of the State Food and drug administration, as of the end of 2004, the data related to drug invention patent applications published in the "invention patent bulletin" of the State Intellectual Property Office during the year showed that, Chinese drug patent applications show the following characteristics: each time the measurement and control system just enters the experimental interface, the load value should be near zero (not adjusted to zero). First, there are few chemical drug patent applications. Second, there are many patent applications for traditional Chinese medicine, but the quality is poor. Third, biopharmaceutical patent applications occupy a place, but there is still a large gap between the creativity of invention and the quality of application compared with foreign countries. If this passive situation is not reversed, China's pharmaceutical patent protection will face an embarrassing situation of making wedding clothes for others. On the one hand, multinational companies will become the biggest beneficiaries of many intellectual property protection measures taken by the government, while on the other hand, domestic pharmaceutical enterprises that produce a large number of generic drugs will be forced into a dead end. Many experts who can control the angle and torque agree that the key reason for the low attention of Chinese pharmaceutical enterprises to the protection of pharmaceutical intellectual property rights is the weak awareness of intellectual property protection. Therefore, the research and development of new drugs with independent intellectual property rights is the only way for China to move from a large pharmaceutical country to a powerful pharmaceutical country. And the implementation of drug intellectual property protection strategy adapted to China's national conditions will play an important role in promoting the protection and incentive of new drug research and development. Relevant industry experts pointed out that at present, the innovation strategy in China's pharmaceutical field is to combine imitation and innovation and strengthen the research on the modernization of traditional Chinese medicine

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