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Published on October 18, 2022 by Jian Xu

Can patent terms be extended in China?

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)

Jian Xu
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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.

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Jian Xu

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.

Filed Under: Intellectual Property Tagged With: china, IP, Patents

Views expressed in this blog do not necessarily reflect those of Gowling WLG.

NOT LEGAL ADVICE. Information made available on this website in any form is for information purposes only. It is not, and should not be taken as, legal advice. You should not rely on, or take or fail to take any action based upon this information. Never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. Gowling WLG professionals will be pleased to discuss resolutions to specific legal concerns you may have.

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LoupedIn is the Official Gowling WLG Blog. Gowling WLG is an international law firm comprising the members of Gowling WLG International Limited, an English Company Limited by Guarantee, and their respective affiliates. Each member and affiliate is an autonomous and independent entity. Gowling WLG International Limited promotes, facilitates and co-ordinates the activities of its members but does not itself provide services to clients. Our structure is explained in more detail on our Legal Information page.

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