China's new patent law is about to take effect on June 1, 2021, but the implementing regulations have not yet been formulated. CNIPA issued transitional provisions on May 24, 2021. Important provisions include the following:
Patent term adjustment
To use this provision, the date of announcement of invention patent grant must be on or after June 1, 2021. The request for patent term adjustment needs to be filled within 3 months from the date of announcement of patent grant.
Patent term extension
As of June 1, 2021, a patentee may request for patent term extension, within 3 months from the date of marketing approval of new drugs. The filing date of the patent or the date of marketing approval can be prior to June 1, 2021. Read more