Abstract: Based on the investigation of the patent operation of the related Chinese medicine enterprises, problems are found as follows: limited and unbalanced types of patent applications of Chinese medicine, a single mode of patent operation, the lack of the pledge of rights, and weak patent operation consciousness. This paper puts forward some strategic measures such as strengthening the policy support, constructing platforms, strengthening the operation of the innovative operation mode from the microcosmic level, strengthening the patent early warning and improving the prospect of the patent operation of the traditional Chinese medicine practitioners.
Key words: traditional Chinese medicine patent; operation; strategy

The author asked 21 pharmaceutical companies(groups) in Guangdong and other places for visits and questionnaires in 2016 –2017. The basic situation of TCM patent operation in 14 companies in the past 5 years is as follows: A total of 437 patents granted by 14 research units. According to the absolute number of patent applications, there is still a big gap between these enterprises and the leading enterprises in other industries. Most of the patents of Chinese medicine are for the companies their own use, that is, the internal operation and transformation, while the external operation is still relatively rare. The profit models of the 14 enterprises' patent operation are different in a large extent. There is still a lot of space for the 14 enterprises to expand. The patent operation forms, such as the pledge of rights, have almost not been adopted.

Strategies and suggestions on the operation of Chinese medicine patent:

First, encouraging the development and protection of patent of TCM. We should continue to promote the protection of intellectual property in our country from the aspects of law, policy, system, capital and talent.

Second, strengthening the construction of the patent operation platform. The patent operation platform can be constructed in a variety of forms, such as industry-leader-oriented and government-oriented.

Third, improving the system of funding and encouragement. Set up corresponding mechanism from the right ownership and benefit sharing, and mobilize the enthusiasm of the scientific and technological enterprises and the staff on patent application.