As the implementation rules for the Amended Patent Law are still under revision, the CNIPA has released the Interim Measures for the Processing of Patent-Related Examination Businesses for the Implementation of the Amended Patent Law (“Interim Measures”), which will be effective from 1 June 2021.
Article 6 of the Interim Measures states that as of 1 June 2021, for publicly announced invention patents and new drugs approved for marketing, the patentee may, in accordance to Article 42(2) and (3) of the Amended Patent Law, file a request for extension of the term of the patent right within three months and pay the relevant fees according to the payment notice issued by the CNIPA. The CNIPA will examine the request after the implementation of the revised implementation rules for the Amended Patent Law.
Article 10 of the Interim Measures states that the term of protection for design patents filed on or before 31 May 2021 shall be ten years from the date of filing. For design patents filed on or after 1 June 2021 it will be 15 years.