The fourth amendment of the Chinese Patent Law (2020) will shortly come into effect, on 6th June 2021. A couple of points of particular significance to note about the new provisions of the law are as follows:

 

Designs:

- A partial design system is introduced into the law;

- The protection period of design patent sis extended to 15 years;

- A domestic priority system for design patents is provided for.

 

Compensation for Patent Term

- If the patenting procedure is delayed due to reasons on the part of the Patent Office, the patent protection period may be extended upon request by the applicant after 4 years from the application date, and 3 years from the date of requesting substantive examination.

- Compensation for the patent term of a new drug approved for marketing in China may be granted. The compensation period shall not exceed five years, and the total effective patent right period of the new drug after compensation shall not exceed 14 years.


For more information please contact the author, Louise Audhlam-Gardiner, at louise@lysaght.co.uk