Patent term extensions (PTEs) are available in many
countries and can be used to extend patent life to compensate
patent holders for the time lost waiting for regulatory approval of
a new drug.
Currently, PTEs are not available in China. However, it's
positive to note that PTE provisions have recently been passed into
legislation in China through the fourth amendment of the Patent
Law, which will take effect on June 1, 2021.
A number of issues around the proposed PTE program remain
pending or unresolved but will be addressed by the amended Rules
for the Implementation of the Patent Law ('the Rules'). The
amended Rules will be further explored once they are released.
Statutory Provisions
