1, the legal effects of the two protections are different: the legal basis of patent protection is the Patent Law of People's Republic of China (PRC), which belongs to the national laws formally adopted by the National People's Congress Standing Committee (NPCSC). Its protection mode is that the patent office grants the scope of patent protection, the court judges whether there is infringement through litigation procedures, and the court enforces sanctions against the infringer; The basis for the protection of traditional Chinese medicine varieties is the Regulations on the Protection of Traditional Chinese Medicine Varieties formulated by the State Council, which belongs to national laws and regulations. Its protection mode is supervised and managed by the national health administrative department, and administrative protection measures are taken.
2. The nature of the rights of the protected person is different: the patent right belongs to the category of intellectual property. The so-called intellectual property right is a special intangible property right generally recognized internationally, including industrial property right and copyright, and industrial property right includes patent right and trademark ownership. Intellectual property has the characteristics of exclusive right and property right in legal concept. Patent protection is to protect the patent applicant by granting the patent right, and the patentee enjoys the exclusive right of the patented technology, that is, the patentee has the right to exclusively use his patent right and to restrict or allow others to use his patent right;
3. Different protection periods: the protection period of drug patents is 20 years; The duration of drug protection in China is not uniform. The first-class protected varieties of traditional Chinese medicine are 30 years, 20 years, 10 years respectively, and the second-class protected varieties of traditional Chinese medicine are 7 years.
Legal basis: Article 59 of the Patent Law of People's Republic of China (PRC).
The scope of protection of the patent right for invention or utility model shall be subject to the content of the claim, and the description and drawings may be used to illustrate the claim.