Early settlement mechanism of drug patent disputes

Legal analysis: it is clear that the legislative purpose of drug patent linking system in China is to achieve the balance between creation and imitation and to achieve the accessibility of drugs, that is, on the one hand, to protect the legitimate rights and interests of drug patentees, to encourage the research and development of new drugs, on the other hand, to promote high-level imitation.

Legal basis: People's Republic of China (PRC) Patent Law.

Article 76 The applicant for drug marketing license and the relevant patentee or interested party may also request the patent administration department of the State Council to make an administrative ruling on the patent dispute of the drug for which it applies for registration. In other words, the Patent Law not only stipulates that the people's courts accept such cases, but also gives China National Intellectual Property Administration the power to make administrative rulings on such cases. According to the internal functions of China National Intellectual Property Administration, the specific hearing department of the above-mentioned administrative adjudication cases can be the intellectual property protection department or the examination and invalid hearing department.