The Dilemma and Resolution: The Patentability of Traditional Chinese Medicine

Xu Xuan and Zhang Xiaowei
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Xu Xuan: Jinan University, China
Zhang Xiaowei: Jinan University, China

International Journal of Asian Business and Information Management (IJABIM), 2012, vol. 3, issue 3, 1-8

Abstract: Traditional Chinese Medicine (hereafter referred to as TCM) is made by Chinese herbal formulae and includes a ratio of pharmaceutical elements, which contain known health-enhancing functions. The trial process of the invention of TCM requires a lot of creative work and involves some risks. Winning patent protection for TCMs presents technical barriers on the patent examination. To address the problem of patent protection for TCM requires an understanding of history, medicine, pharmaceutical science, and modern drug development. The patentability of TCM may ultimately depend upon the determination of the scope and right contents of TCMs and the creation of a special patent examination system for this purpose.

Date: 2012
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