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ARTICLE · 02 JANUARY 2025

26 Noteworthy Things About China's PTA And PTE System

The number of patents eligible for Patent Term Extension in China each year is tiny. But for any patentee having the opportunity to request for PTE, however, it's a big deal that could be worth...

ChinaIntellectual Property
NTD Patent & Trademark Agency
NTD Patent & Trademark Agency

The number of patents eligible for Patent Term Extension in China each year is tiny. But for any patentee having the opportunity to request for PTE, however, it's a big deal that could be worth millions of dollar. Fei Kou explains.

With China's new patent law coming into effect on June 1, 2021, China's Patent Term Adjustment (PTA)/Patent Term Extension (PTE) system has been established and stipulated as follows:

Where a patent for an invention is granted four years from the date of filing of application and three years from the date of filing of request for substantial examination, the patent administrative department of the State Council shall, at the request of the patentee, provide patent term extension for unreasonable delay in the patenting process for the invention, except for unreasonable delay caused by the applicant.

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