At the "China Pharmaceutical Industry Development and Intellectual Property Strategy Forum" recently held in Shanghai, Zhang Qingkui, Minister of Chemistry of the Patent Office of the State Intellectual Property Office pointed out that there are currently five major issues in China's patent application for Chinese medicine.
First, the ability to innovate is low. In the international Chinese herbal medicine market, Japan and South Korea accounted for 80% to 90% of the market share, and 70% to 80% of its raw materials come from China. And all of China's 4,000 kinds of preparations account for only 3% to 5% of the international market share.
The second is the small number of applications. At present, the number of patent applications per 10,000 pharmaceutical companies nationwide is approximately 19.68, and most Chinese medicine companies have not yet applied for patents.
Third, the proportion of non-service applications is high. According to statistics, 65% of national pharmaceutical patents are non-service applications, of which, the proportion of non-service applications in the field of traditional Chinese medicine is as high as 78%. In foreign pharmaceutical patent applications, non-service applications generally do not exceed 5%.
Fourth, there are few applications for foreign patents. In 2003, there were a total of 56,769 domestic invention patent applications, of which 1,165 were international patent applications, accounting for only 2%; and international patent applications in the field of traditional Chinese medicine accounted for only 0.6% of domestic patent applications.
Fifth, due to the influence of some other issues, the export of Chinese medicine is difficult. For example, some medicines have excessive levels of heavy metals, excessive pesticide residues, immature raw materials and processes leading to unstable quality, unclear compositions and mechanisms, and unacceptable foreign patients.
Zhang Qingkui pointed out that there are at least four reasons for these problems: First, companies only pay attention to sales, trademarks, and advertising, while ignoring research and development and patents; second, some companies blindly believe that administrative protection can replace patent protection; third, some companies believe that Technical confidentiality can replace patent protection. Fourth, researchers only pay attention to publishing papers and ignore patent applications. The survey results of five provinces and cities in Beijing, Shandong, Henan, Shaanxi and Jilin indicate that during the “Ninth Five-Year Plan†period, the researchers published a total of 202,348 papers and applied for 4,594 patents. The ratio between paper publication and patent applications was 44:1.
First, the ability to innovate is low. In the international Chinese herbal medicine market, Japan and South Korea accounted for 80% to 90% of the market share, and 70% to 80% of its raw materials come from China. And all of China's 4,000 kinds of preparations account for only 3% to 5% of the international market share.
The second is the small number of applications. At present, the number of patent applications per 10,000 pharmaceutical companies nationwide is approximately 19.68, and most Chinese medicine companies have not yet applied for patents.
Third, the proportion of non-service applications is high. According to statistics, 65% of national pharmaceutical patents are non-service applications, of which, the proportion of non-service applications in the field of traditional Chinese medicine is as high as 78%. In foreign pharmaceutical patent applications, non-service applications generally do not exceed 5%.
Fourth, there are few applications for foreign patents. In 2003, there were a total of 56,769 domestic invention patent applications, of which 1,165 were international patent applications, accounting for only 2%; and international patent applications in the field of traditional Chinese medicine accounted for only 0.6% of domestic patent applications.
Fifth, due to the influence of some other issues, the export of Chinese medicine is difficult. For example, some medicines have excessive levels of heavy metals, excessive pesticide residues, immature raw materials and processes leading to unstable quality, unclear compositions and mechanisms, and unacceptable foreign patients.
Zhang Qingkui pointed out that there are at least four reasons for these problems: First, companies only pay attention to sales, trademarks, and advertising, while ignoring research and development and patents; second, some companies blindly believe that administrative protection can replace patent protection; third, some companies believe that Technical confidentiality can replace patent protection. Fourth, researchers only pay attention to publishing papers and ignore patent applications. The survey results of five provinces and cities in Beijing, Shandong, Henan, Shaanxi and Jilin indicate that during the “Ninth Five-Year Plan†period, the researchers published a total of 202,348 papers and applied for 4,594 patents. The ratio between paper publication and patent applications was 44:1.
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