Chapter 567 Patent Matters
Li Zhongxin followed behind Li Chengfeng listlessly, and began to think in his heart, what benefits can he get from this old man's side when he arrives at Li Chengfeng's office at this moment!
Li Zhongxin suddenly thought that Li Chengfeng is the minister of the Ministry of Machinery, and has worked in the central ministries and commissions for many years, and he should have a lot of contact with institutions like the State Patent Office.
In China, the patentee who issues a patent certificate and grants a patent right is the State Patent Office, which has the exclusive right (also known as monopoly or exclusive right) to manufacture, use, sell (and in some countries also include the import of the patented invention or design) within the time limit prescribed by law.
Other persons must obtain the consent of the patentee before they can do so, otherwise they will be infringed. Upon the expiration of the term of the patent, the patent right shall be extinguished. The invention or design may be used by any person free of charge.
What about China! In order to protect the legitimate rights and interests of patentees, encourage invention and creation, promote the application of inventions and creations, improve innovation capabilities, and promote scientific and technological progress and economic and social development, the Patent Law was formulated.
The purpose of China's promulgation and implementation of the Patent Law is to promote the active investment of market resources in a direction conducive to the continuous generation of inventions and creations, and to promote the vigorous development of the economy and industry.
To this end, the state grants inventors the monopoly right for a certain period of time through legal procedures, and at the same time requires them to disclose the content of the invention to the whole society, so as to increase the willingness of market individuals to invent and create, and at the same time promote the rapid accumulation and development of the overall technological level of society.
Li Zhongxin's previous patented technology for injection molding was registered internationally, because at that time, China did not have such a thing as a national patent office.
Li Zhong confidently remembers how much wool China will be taken away by patent institutions around the world in the next few decades because of patent issues.
Some scientific research institutions in China do not have much understanding of patent law and patents, and they all feel that patents are not of much use in China.
Moreover, they feel that it is a terrible thing to spend such a large amount of money to engage in patent certification.
Coming up with something that can be protected by a patent basically empties the money of these researchers, who simply don't have the money or want to find someone to get some money to register the patent.
As long as the things they have researched can be listed in advance and occupy the market in advance, as for the later things, even if someone imitates them, they don't have to worry too much.
In China, the atmosphere of take-it-or-leave-it is very serious, and this is also one of the biggest reasons why China's copycats will be rampant for countless years to come.
R&D requires a lot of costs, and it is unknown whether the developed things can make money.
However, if they take something that is known to make money and imitate the production, the cost of the produced thing is naturally low, so they can quickly occupy the market, and they will not care whether the thing enjoys a patent or not.
It is this kind of thinking that has made China suffer a great loss in the future generations of high-tech and the ownership of patent rights, and even after paying a bloody price, it understands the importance of patents.
Li Zhongxin remembers very well that in later generations, relatives in the family suffered from lung cancer.
When it is found to be lung cancer, it is already in the advanced stage of lung cancer.
And what about this time! In consultation with the attending doctor, the relatives started targeted therapy.
The first generation of targeted therapy drugs for lung cancer is called Iressa, which is a drug developed by Western developed countries, in the international market, Chinese want to buy genuine Iressa for tens of thousands of yuan a box, and the Indian version of Iressa, in India only sells a few hundred yuan a box.
Chinese want to eat such drugs, basically spend the most expensive money to buy, or buy them in India.
The biggest reason for this is that China did not have enough understanding of the patent law at that time, and did not have the right to purchase the patent use of this drug, and China would not engage in any compulsory patent licensing system like India, that is, under special circumstances, the government can grant and license other enterprises to use a certain patent without the consent of the patentee.
In other words, when the poor cannot afford a high-priced patented drug, India allows the drug to be copied directly, regardless of whether the patent protection period expires or not.
The Indian government is doing this to break the monopoly of European and American pharmaceuticals and make life-saving drugs for the poor, but this is actually an act of ignoring the intellectual property rights of drugs, and behind it is the bandit logic of "I am poor so I am justified, and you have money so you should let me imitate".
Patent protection is a universal norm and a law that everyone abides by.
Other countries can certainly copy medicines, but not as justifiably as India. However, its non-compliance directly benefits ordinary people who cannot afford high-priced medicines.
This puts the generic drug in a dilemma: it is certainly morally impeccable, but legally it is not legal.
Many people may not know how much money and manpower it takes to launch a new drug, how many failures and repeated trials it takes, and how many clinical trials it takes.
This cost is extremely huge and the average company simply cannot afford it. Several well-known pharmaceutical companies in the world, such as Pfizer in the United States, Novartis in Switzerland, Bayer in Germany, and other large companies, have invested billions or even tens of billions of dollars in the development of a specific drug.
This investment will be apportioned to the price of the drug after the new drug is launched, so the new specific drug is often very expensive because it includes the cost of research and development.
However, Indian generic drugs directly bypass the research and development stage, and can be made into generic products (biosimilar) within 3 months of the launch of the original drug and new drug. This generic drug may only be about 80% effective of the original drug, but the price is only 1/10 of the original drug.
For example, the specific drug for the treatment of chronic myeloid leukemia is the "Gleevec" developed by Novartis in Switzerland, about 23,000 yuan a box, while its generic VEENAT is only more than 200 yuan, produced by the Indian pharmaceutical company Natco, and the active ingredient of both is imatinib, but the price difference is huge.
In addition to Gleevec, other specific drugs such as Herceptin for breast cancer, Iresa for lung cancer, and Nexavar for renal cell carcinoma and liver cancer are all generics in India.
Li Zhongxin felt that it was necessary for him and Li Chengfeng to have a good talk about patents, and if he could connect with the State Patent Office through Li Chengfeng, then the products developed by the Zhongxin Scientific Research Base would not have much of a problem in entering China's patent sequence. ()
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