China has introduced both PTE (Patent term extension) and PTA (Patent term adjustment), so it is possible to extend the terms of a granted Chinese patent.
- PTE (Patent term extension) is specifically available for pharmaceutical patents.
- In order to compensate for the time taken for the review and approval of a new drug for marketing, the CNIPA shall extend the term of the patent for an invention related to the new drug for which marketing approval is obtained in China, at the request of the patentee, and
- The patent term extension shall not exceed 5 years, and the resulting total effective patent term shall not exceed 14 years from the approval for marketing of the new drug.
- PTA (Patent term adjustment) is generally available for all types of invention patents, due to unreasonable delays during patent examination.
- Where the invention patent is granted after 4 years from the date of application and after 3 years from the date of the request for substantive examination, the CNIPA shall, at the request of the patentee, compensation the patent term in case of any unreasonable delay in granting the invention patent, except for unreasonable delay caused by the applicant.
About the author(s)
Dr. Jian Xu is an internationally recognized China intellectual property expert. He is the Managing Director and Head of IP Prosecution of Gowling WLG Beijing. He has been a dually qualified Chinese lawyer and patent/trademark attorney since 2006 and has handled all aspects of IP in China.