Li Yuehua, a self-proclaimed "folk miracle doctor" who claimed to have cured COVID-19, is under investigation; lawyer interprets his treatment patent.

📅 2020-03-03 📂 Zhiming Hot CommentsZhiming Hot Comments 🏷️ #Patent #COVID-19 #Li Yuehua #Folk Miracle Doctor #Cure #Lawyers

A letter of apology from Chen Beiyang, retired deputy director and inspector of the Hubei Provincial Department of Justice, has brought widespread attention to Li Yuehua, who runs a private clinic.

 


 

Li Yuehua had treated Chen Beiyang and his family of three for COVID-19. In this letter of apology, Chen Beiyang stated that "the treatment effect was quite significant."
 



 

Thus, Li Yuehua's self-proclaimed treatment method, which he claims has cured several COVID-19 patients, became known to more people. He believes that微量 phenol injections can treat and prevent various diseases, including COVID-19.
 



 

On March 1, in the "Investigation Report on Li Yuehua and Zhang Shengbing's Treatment of COVID-19 and Related Situations" issued by the Hubei Provincial Health Commission's Comprehensive Supervision Bureau,Regarding Li Yuehua, the key points are four:
 

1. Illegal medical practice and false advertising.

2. Forging, altering, or trading in government-issued documents, specifically the "Physician Practice Certificate."

3. Severely disrupting normal medical order and epidemic control.

  4. Its invention patent for an acupoint injection has not been approved by the drug regulatory authority.
 

From this, the problem appears very serious.



 



 

First, let’s take a look at this patent.
 



 

Based on the patent number, it is not difficult to retrieve this patent. The inventor and patent holder are both Li Yuehua, who applied on May 25, 2011, and obtained the patent grant on February 27, 2013.
 



 

According to the patent document, the invention provides an acupoint injection. The composition of the acupoint injection includes a saturated solution of phenol at room temperature and saline, with a mixing ratio of 0.5 to 2:100. In this invention, phenol is the main therapeutic agent, using a saturated solution of phenol at room temperature diluted in saline. The phenol content is very low and does not cause harm to the human body, but its effect is significant. By injecting this drug, it stimulates the inherent functions of the acupoints, strengthens them, enhances therapeutic efficacy, and achieves the goal of curing diseases.
 

  What is "phenol"?
 

Phenol (C6H5OH) is a colorless needle-like crystal with a special odor, toxic, and is an important raw material for producing certain resins, fungicides, preservatives, and drugs (such as aspirin). It can also be used for disinfecting surgical instruments and treating excrement, as well as for skin sterilization, itch relief, and otitis media.
 

From this perspective, this patent is not a so-called traditional Chinese medicine formula, but rather involves injecting low-concentration phenol into a few acupoints, euphemistically called an "autologous vaccine."
 

  So, why was this patent successfully granted? Can a patented drug be immediately used in clinical practice?
 

  A lawyer from Guangdong Zhiming Law Firm stated,According to Article 22 of the Patent Law of the People's Republic of China, inventions and utility models that are granted patents must possess novelty, inventiveness, and practical applicability.
 

The conditions for granting a drug patent are essentially the same as for other patent applications, meaning they must meet the requirements of novelty, inventiveness, and practical applicability as stipulated in Article 22 of the Patent Law.
 

As long as the above granting conditions are met, the patent office can legally grant the patent, but the patent office is not responsible for reviewing its actual therapeutic effects; the review of therapeutic effects requires approval from the drug regulatory authority. However, in the investigation report, "Li Yuehua admitted that the injection materials he prepared did not obtain permission from the drug regulatory authority." Therefore, the patented drug he used is also likely to be identified as counterfeit or substandard medicine.
 

Part of the content in this article is sourced from:The Paper, Zhiguagua Research Institute; images are from public online channels; delete if infringing.
 

⚖️ Start Your Professional Legal Service Journey Now

Professional legal team, providing one-stop legal solutions

  • @ Email: zhiminglawfirm@126.com
  • WeChat ID:zhiminglawyer01
  • 💬 WeChat: gd_zhiming

Business hours 9:00-18:00 · Fast Response · Strict Confidentiality · Professional & Efficient

Consultation QR Code

Scan the QR code for consultation

Law Firm Official Account

Scan to follow us