The Means and Experiences of Patent Protection of Traditional Medicine in China Zheng Yongfeng The Patent Office of State Intellectual Property Office of the people’s Republic of China

INTRODUCTION  On April 1,1985, the Chinese Patent Law became effect  The first amending was completed on September 4,1992  The second amending was completed on August 25,2000.  The number of patent application relating Traditional Medicine in the past years is about more than 12,000 cases and most of them are domestic applications

The objects of protection in the field of traditional medicine by Chinese Patent Law (1)Pharmaceutical Products (2)methods (3)usage

Requirements by Chinese Patent Law to have patents granted in the field of Traditional Medicine novelty Inventiveness The inventiveness of pharmaceutical products The inventiveness of method The inventiveness of new use Practical applicability

Experiences on the protection of traditional medicine in the past fifteen years Patent law play an important role in the protection of traditional medicine Regulations for the Protection of Intellectual Property by Customs Regulations of the People’s Republic of China on the Protection of New Varieties of Plants

Problems  The period of protection for medicine is relativley short  Inventors are not desired to disclose their technology  The difficulty for judge infringement in the field of traditional medicine

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