(A) to expand the scope of patent protection
Article 25 of the current Patent Law stipulates that China does not grant patents for "drugs and substances obtained by chemical methods" and "foods, beverages and condiments", but only patents for the production methods of these products. This revision has expanded the scope of patent protection, and the above products can also be granted patent rights.
About the protection of chemical substances. At present, the overall level of China's chemical industry is still relatively low, and to a considerable extent, it is mainly imitation. In order to revitalize the chemical industry and promote the progress of chemical technology, we must take the road of innovation and development on the basis of absorbing foreign advanced technology, encourage the enthusiasm of chemical scientists and technicians for invention and creation, attract foreign investment and transfer new technologies, and give patent protection to chemical substances. Of course, the patent protection of chemical substances also has disadvantages at present. In order to improve China's independent R&D capability as soon as possible, considerable investment is needed in R&D, technology introduction and product import. In this way, it will inevitably increase the financial burden of the country. However, from a long-term and overall perspective, the advantages of patent protection for chemical substances outweigh the disadvantages, which is conducive to fundamentally changing the backward situation of China's chemical industry.
The protection of medicines, especially western medicines, is similar to the protection of chemicals. However, the protection of Chinese medicine is different. China is rich in traditional Chinese medicine resources, and has a long history of using traditional Chinese medicine to prevent and treat diseases, with systematic theory and experience of traditional Chinese medicine. Patent protection of drugs can encourage the development of new drugs from traditional Chinese medicine resources to replace some western medicines, which is of great significance to give play to China's traditional advantages, embark on the road of independent development as soon as possible, and further enhance the competitiveness of traditional Chinese medicine in the international market. In addition, the combination of traditional Chinese and western medicine is an important policy of China medical and health system. Patent protection of drugs is conducive to the better integration of Chinese and western medicine and improve the overall level of China's pharmaceutical industry and medical technology.
Compared with the protection of drugs and chemicals, the patent protection of food, beverages and condiments has fewer problems. On the one hand, China has its own unique food culture, and many China foods, beverages and condiments are competitive in the international market and need patent protection. On the other hand, new patented foods, beverages and condiments only account for a small part of people's daily necessities, and people can choose non-patented foods, beverages and condiments that suit their own needs instead of patented products. Moreover, among the patent applications accepted in China, the number of food-related applications is not large, accounting for only about one tenth of the total number of patent applications for chemical methods, of which 80% are domestic applications. This shows that foreign applications will not pose a threat to China. On the contrary, China has greater advantages in the field of food technology. In addition, most countries in the world grant patent protection to food, but only eleven developing countries do not. Therefore, patent protection of food, beverage and condiment will not only have a negative impact on people's lives in China, but also improve the technical level of food industry in China.
In addition, the memorandum of understanding between China and the United States stipulates that all chemical inventions, including medicines and agrochemicals, regardless of products or methods, should be patented. The intellectual property agreement of GATT stipulates that patents should be applied to inventions in all technical fields, whether products or methods. According to these regulations, the scope of patent protection needs to be expanded accordingly.
China National Intellectual Property Administration, 383843.html:/zxft/zlfdscxg/bjzl/200804/t20080419.