The New Theory for Disclosure Standard of Traditional Chinese Medicine Patent
In patent innovation incentive mechanism of Traditional Chinese Medicine(TCM),patent disclosure requirement should a-dapt to the inherit innovation model and technical characteristics of TCM in order to promote the innovation.The practical problems of insufficient quantity and low quality of TCM patents expose the defects of current system,which neglect the patent application needs of specific innovators and fail to disclose patent information of TCM effectively.The above shortcomings are further verified by the value objective of disclosure requirement,which should coordinate innovation of multi-innovators and promoting the diffusion of patent claim information.To deal with the innovation incentive failure,the standard of disclosure re-quirement of TCM should be improved from the perspectives of law application and rulemaking.On the one hand,through the application of"the person skilled in the art",the flexibility and technical adaptability of disclosure requirement shall be in-creased.On the other hand,by the means of patent examination practices,the criteria of"enablement"and"written descrip-tion"shall be refined.
万方数据
维普
