According to Chinese patent law, the protection periods for different types of patents are as follows:
- Invention Patents: 20 years
- Utility Model Patents: 10 years
- Design Patents: 15 years
These periods are calculated from the application date.
Important Notes
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Effective Date of Protection
- After a patent application is accepted, the China National Intellectual Property Administration (CNIPA) will confirm the application date.
- The examination process for patents can take time, ranging from several months to several years.
- Patent rights only become effective after the patent is granted, meaning the actual protection period may be shorter than the nominal term.
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Changes to Design Patent Protection
- Previously, the protection period for design patents was 10 years.
- Following the fourth amendment to the Patent Law (effective June 1, 2021), the protection period for design patents was extended to 15 years.
- Design patents applied for before June 1, 2021 will still have a protection period of 10 years.
- Design patents applied for on or after June 1, 2021 will have a protection period of 15 years.
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Patent Term Adjustment (PTA) and Patent Term Extension (PTE)
- Since 2021, China has introduced the Patent Term Adjustment (PTA) and Patent Term Extension (PTE) systems.
- For more details, see our article: “China’s Patent Term Adjustment and Patent Term Extension.”