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 filed within 3 months from the
date of the 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 can be prior to June 1,
2021. However, if the date of marketing approval of the drugs is
May 31, 2021 or earlier, it is not possible to request for patent
term extension for the related patent.
