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| Choice of the Elements of Drug Patent Linkage System in U.S.and Canada and Its Inspiration to China |
| Liu Lichun1, Zhu Xuezhong2 |
| 1.Institute of Intellectual Property Strategy, Huazhong University of Science & Technology, Wuhan 430074, China;2.Institute of Intellectual Property, Tongji University, Shanghai 200092, China |
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Abstract Drug patent linkage is a review procedure that investigates the relationship between the generic drug and the effective patent of the registered drug during the drug registration and approval process.The domestic scholars mainly researched on the macro-level of China drug patent linkage system, however, few scholars studied on the specific elements and operation mode of patent linkage.Based on the existing macroscopic policy research, from micro-level such as the drug classifications involved in patent linkage examination procedure, types of displayed patent and linkage mode among departments, we induce the existent insufficiency of China drug patent linkage system, and put forward some improving suggestions about concrete operation by referring to the advanced operation mechanism of patent linkage system of developed countries and combining with China's national conditions.
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Received: 16 January 2013
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2014, Vol. 0 
