Study on the Improvement of China's Pharmaceutical Patent Term Compensation System

Authors

  • Hai Xiao
  • Chunxia Wang

DOI:

https://doi.org/10.54097/b6872a05

Keywords:

Pharmaceutical Patents, Patent Term Compensation, Pharmaceutical Research and Development, Pharmaceutical Accessibility

Abstract

The implementation of the pharmaceutical patent term compensation system can greatly stimulate the research and development enthusiasm of pharmaceutical enterprises, enhance the accessibility of medicines and promote the national health level. However, the system is still in the preliminary stage of implementation, and there are still a lot of inconsistencies with the real contradictions and the national situation. Through the study, it is found that the following problems exist in the implementation of China's pharmaceutical patent term compensation system: the details of the legislative provisions have not yet been perfected, the approval process cannot exclude the malicious opposition, the interests of creation and imitation are not yet balanced, and the opposition procedure is difficult to implement. Based on this, a systematic study of the legal framework and practice of pharmaceutical patent term compensation system in other countries is conducted, and corresponding solutions to the problems are proposed, i.e., improving the legislative framework and specific provisions, optimizing the examination and approval process and regulatory mechanism, balancing the incentives for innovation and the public interest, and establishing an opposition procedure to prevent abuse of rights, with a view to contributing to the improvement of the system.

References

Li Fan. Analysis and reconstruction of patent term compensation system for pharmaceuticals in China[J]. China Invention and Patent,2023,20(08):69-78.

Yang Yuxin. Research on pharmaceutical patent term compensation system [D]. Jingdezhen Ceramic University, 2023.

Tan Yuhuan. Research on legal regulation of pharmaceutical patent abuse[D]. Central South Forestry University of Science and Technology, 2023.

Wang Mengdi. Research on the Improvement of Compensation System of Pharmaceutical Patent Term in China [D]. Jiangnan University,2023.

Yang Qianqian. Research on Compensation System of Drug Patent Term in China [D]. Henan University of Finance and Economics and Law,2023.

XIAO Xixiang,CHEN Zhenzhong. Evaluation of the impact of pharmaceutical patent term compensation system on new drug development[J]. Chinese Journal of New Drugs,2022, 31(22): 2207-2212.

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Published

27-06-2024

Issue

Section

Articles

How to Cite

Xiao, H., & Wang, C. (2024). Study on the Improvement of China’s Pharmaceutical Patent Term Compensation System. Academic Journal of Management and Social Sciences, 7(3), 132-137. https://doi.org/10.54097/b6872a05