The term is 20 years for an invention patent, 10 years for a utility model patent, and 15 years for a design patent, calculated from the filing date.
If an invention patent is granted more than four years after filing and more than three years after the request for substantive examination, the patent administration department shall, at the patentee’s request, compensate for unreasonable grant delay, excluding delay caused by the applicant.
For an invention patent relating to a new drug approved for marketing in China, the department may, at the patentee’s request, compensate for time occupied by regulatory review. The extension may not exceed five years, and the total effective term after marketing approval may not exceed 14 years.
