Brief Introduction To Patent Term Compensation

As stipulated in Article 42.2 of the fourth revision of the Chinese Patent Law, which was officially implemented on June 1, 2021: Where a patent for invention is granted after four years from the date of filing and after three years from the date of requesting substantive examination, the patent administration department under the State Council shall, upon the request of the patentee, provide a remedy of patent term extension due to the unreasonable delayed processing of patent applications for inventions, except for the unreasonable delay caused by the applicant.

Since the implementation of the new Patent Law, applicants have been paying more attention to patent term compensation. For cases that basically meet the compensation standards, many patentees have submitted requests for patent term compensation within the time limit. However, because the revisions of the Implementing Regulations of the Patent Law and the Patent Examination Guidelines had not been