The Implementation Status and Improvement Suggestions of Drug Patent Compulsory Licensing in China-Based on the COVID-19 Pandemic

Abstract

Objective: To refer to the legislative basis and practice of compulsory licensing of drug patents in developed countries, based on the current situation of compulsory licensing of pharmaceutical patents in China, and to improve the research on compulsory licensing of pharmaceutical patents in China. Methods: Understand the development status of drug patent licensing at home and abroad, compare and analyze domestic and foreign countries from the aspects of applicable conditions and practical measures, summarize the existing problems of compulsory licensing of drug patents in China, and put forward targeted improvement suggestions. Results: Compared with foreign legislative foundations and practices, China's compulsory licensing system for drug patents lacks operability, and there are still great deficiencies and room for improvement in terms of applicable conditions and practical operations. Conclusion: First, clarify the reasons for the application in the patent law and regulation system, expand the scope of applicable drugs, cancel the restrictions on the subject of the application, and shorten the judicial review period for the compulsory licensing of drug patents; secondly, improve the quality assurance and relief mechanism of the compulsory licensing drugs to protect the vital interests of patients; and finally, be good at using the deterrent power of the compulsory licensing system for drug patents.