中国药品研发专利激励制度研究——基于《专利法》第四次修订

通过分析2020年专利法第四次修订内容,发现此次修订在专利制度上作出大幅度调整.其中有关药品专利激励制度新增了专利链接制度、药品专利期补偿制度,这对于激励新药研发具有重要的意义.但现有制度若想实现制度效率最大化,仍要解决配套制度问题,以及对于制度本身所涉概念内涵需要明晰.在制度效率理论指导下,从专利链接配套制度完善、专利信息登记平台搭建、三部门链接等角度为制度落实与效率提升问题提出对策建议.

Research on Incentive System of Drug R&D Patent in China : Based on the fourth revision of the Patent L aw

Through analyzing the content of the fourth revision of the patent law in 2020, We found that the revision has made substantial adjustment in the patent system. In the incentive system of drug patent, the system of patent linking and the compensation system of drug patent period are added, which are of great significance to stimulate the research and development of new drugs. However, if the existing system wants to maximize the efficiency of the system, it still needs to solve the problems of supporting system, and the related Concepts. According to the system efficiency theory, Suggestions are put forward to improve the system efficiency, such as improving the supporting system of patent link, building the patent information registration platform, and cooperation among the three department.