At present, there are five categories of TCM (Traditional Chinese Medicine) intellectual property protections in China: patent protection, trademark protection, administrative protection, commercial secret protection and new drug protection. Among them, the patent protection is the first choice at the view of the technology characteristics and legal hierarchy and it has the supreme legal authority. But the implementation effect is not perfected in the practice and it can be said that it runs into the bottleneck and it can not play its role. This article mainly analyzes the reason why TCM patent protection is hindered and tries to find out the best way for TCM patent protection on this basis.