[Response to US review rules on patent subject matter of traditional Chinese medicine compositions]

Zhongguo Zhong Yao Za Zhi. 2018 Feb;43(3):627-630. doi: 10.19540/j.cnki.cjcmm.20171208.003.
[Article in Chinese]

Abstract

The United States Patent and Trademark Office(USPTO) issued Interim Guidance on Patent Subject Matter Eligibility on December 16, 2014, bringing certain effects to the review rules on patent application of Chinese medicine compositions. Based on the Interim Guidance, cases analysis was used in this paper to analyze the patent subject matter issues of traditional Chinese medicine compositions in the United States. The researches have shown that the application documents should be properly written in the United States when the patent for Chinese medicine compositions is applied, which can improve the probability of authorization.

Keywords: United States; composition; interim guidance; patent; subject matter; traditional Chinese medicine(TCM).

MeSH terms

  • Drugs, Chinese Herbal / chemistry
  • Drugs, Chinese Herbal / standards*
  • Medicine, Chinese Traditional / standards*
  • Patents as Topic*
  • Research
  • United States

Substances

  • Drugs, Chinese Herbal