Chapter 12 - Chinese Herb Related Invention in Section 2 of Patent Examination Guidelines-Substantive Examination of Invention Patent was promulgated and took effect on January 17, 2008. In contrast to Western medicinal inventions that can identify a chemical substance as an active ingredient, the effective ingredient in Chinese herbal medicine is mostly unknown and difficult to be separated and purified into a single active substance with specific chemical structure. The basic theory of Chinese herbs also differs from that of Western medicine, and the features of single and compound formulations seen in Chinese herbal medicine are not common in Western medicine inventions. Thus it is not entirely appropriate to apply the same criteria and practice adopted in the examination of pharmaceutical patent application to Chinese herb patent application.

In considering the features of Chinese herbs, TIPO sets forth a chapter on Chinese herb related invention in the Patent Examination Standard as guidelines for examining related patent applications.