Patent Law Amendment: or shorten the time between drug patent expiration and listing.

Patent Law Amendment: or shorten the time between drug patent expiration and listing.

Original title: the fourth patent law amendment or related to shorten the time of drug listing

The State Intellectual Property Office held a regular press conference in the third quarter of 2018, and the "economic reference" reporter learned from the press conference that China's domestic invention patent ownership is nearly 70%, but there are still short boards in the core technology fields including medical technology. The fourth patent law amendment will continue to improve the relevant system of drug patents.

Reporters 11, close to the National Intellectual Property Office, learned to explore the establishment of a drug patent link system, a significant reduction in the expiration of drug patents and the time of drug listing, or an important part of the fourth revision of the patent law.

According to the latest data released by the State Intellectual Property Office, the number of invention patents in China in the first half of 2018 was 751 thousand. There are 217 thousand authorized patents for invention, of which 171 thousand are authorized by domestic invention patents. The proportion of authorized and possession of invention patents has increased steadily, reaching 78.8% and 69% respectively.

The strength of quantity does not mean that quality is also dominant. Bi Nan, director of the division of planning and development of the State Intellectual Property Office, points out that in the 35 technical fields of the World Intellectual Property Organization (WIPO), the number of effective invention patents maintained over 10 years in the country is less than in 28 areas, especially 6 in optics, electrical and electrical devices, audio-visual technology, medical technology, transport, and computer technology. In the field, the gap between domestic and foreign is obvious. "Our country still has short board in the field of core technology. It also needs to improve the quality of patent, continuously strengthen the layout of the key patents in key technical fields, continue to strengthen the patent protection and application in key technical fields, and make up the patent short board in the field of the core technology in the process of high quality development."

It is worth mentioning that, when talking about the protection of drug patents, Hu Wenhui, the director of the office of the State Intellectual Property Office, pointed out that a good balance between the interests of the pharmaceutical enterprises and the public should be done. "If our pharmaceutical companies do not have R & D power, no new and effective drugs can be developed as soon as possible, which is actually a great harm to the public interest. On the other hand, if the price of drugs developed is too high for the public to use, it is also a damage to the public interest. "

"At present, some multinational pharmaceutical giants have expired in China, but even if domestic pharmaceutical companies have the ability to produce, they also have to complete the examination and approval links of clinical trials, the quality of generic drugs and the evaluation of the consistency of the curative effect. At present, the update of drug health insurance directory is not timely, and the drug may not enter the medical insurance directory temporarily. " The above disclosed that in the fourth revision of the patent law, the time between the expiration of drug patents and the listing of drugs has become an important part.

Zheng Huifen, Minister of the Ministry of patent administration of the State Intellectual Property Office, said that the examination period of invention patents in China is now 22 months. In the next five years, the examination cycle of invention patents will be reduced by 1/3, and the high value examination cycle will be reduced by half.

Reporter Ban Juanjuan Beijing reports

Source: economic reference

Editor in responsibility: Zhang Yiling

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