What's the difference between branded drugs and patented drugs?

Patented drugs do exist. Initially, drugs were not patented in China. Since the end of 1980s, in order to keep up with the pace of international intellectual property protection, China began to grant patents to pharmaceutical intellectual property rights, but at first it only granted patents to production processes. Later, drug patents were granted in an all-round way, including inventions and designs, and the contents were also extended to prescriptions, processes, names and so on. There are patented drugs for imported drugs, and patented drugs for domestic drugs are gradually increasing.

Brand drugs don't actually exist. No institution in China has given a drug brand honor. There will be a "brand" and a brand effect if there are too many advertisements and the enterprise becomes famous. This is just an understanding of the public.

The difference between the two:

First, according to different laws and regulations.

Patent application is based on the Patent Law and its implementing rules, as well as the review guidelines formulated and issued by the patent authorities, while new drug registration is based on the Drug Administration Law and its implementing regulations and the Measures for the Administration of Drug Registration formulated and issued by the drug supervision and administration department.

Second, the purpose and function of the system are different.

The main function of the patent system is to stimulate the development of new drugs, which can not only recover the investment in research and development, but also obtain certain benefits, thus improving its enthusiasm for developing new drugs.

The purpose of implementing the system of drug clinical trial approval and production registration is to standardize the development of new drugs, ensure the safety of human drug use and safeguard people's health. By keeping the clinical trial data of registered new drugs confidential for 6 years

Period, you can ensure that the huge investment in clinical trials will not be used by others for free; Giving new drugs a safety trial period of no more than 5 years can ensure the safety of human medication and safeguard the interests of consumers.

Third, the objects and conditions of protection are different.

The protection objects of medical patents are mainly new inventions in the medical field, that is, technological innovation, including newly developed raw materials, that is, active ingredients, new pharmaceutical preparations or compounds, new preparation processes or their improvements. Among them, the most important authorization conditions are novelty, creativity and practicality. The object of new drug registration protection is drugs that are not listed and sold in China.

Fourth, the duration and means of protection are different.

According to the current patent law, the term of invention patent right is 20 years.

The US Food and Drug Administration continues to monitor the safety of this new drug. The monitoring period of new drugs is determined according to the existing safety research data and the research situation at home and abroad, and the longest period shall not exceed 5 years from the date when the new drugs are approved for production.