Patent Protection for Chinese Herbal Medicine Product Invention in Taiwan

Abstract

Taiwan has aimed to develop a local Chinese herbal medicine (CHM) industry targeting the global market. The main patent issues concern whether the inventions constitute patentable subject matter, and their patentability. Currently, it is difficult for CHM inventions to comply with patent standards developed in conjunction with the Western pharmaceutical industry. Despite its increasing prominence, thus far, Taiwan is the only country in the world to address specifically the characteristics of herbal medicines. Based on examining currently available literature and conducting interviews with patent examiners and CHM professors in Taiwan, this article compares CHM with Western and indigenous medicines. This article assesses the inefficiencies of the current patent law and explains the necessity for the new examination guideline. It is concluded that this new examination guideline will meet the needs of the CHM industry.