Pharmaceutical
Patent - Extension of Term Provisions Patent Term
20 years from date of filing.
Pharmaceuticals have been eligible for patent protection since 1993.
Pharmaceutical Patent Extension?
No
Administrative protection is available in respect of pharmaceutical product inventions:
(i) for which exclusive rights were not available under the Patent Law
of the PRC prior to 1 January 1993;
(ii) for which a foreign patent in the country where the applicant is
located was obtained between 1 January 1986 and 1 January 1993; and
(iii) which have not been sold in the PRC prior to the filing of an
application for administrative protection.
Administrative protection has a term of 7.5 years.
Bolar Provision
Unknown.
References
http://www.chinantd.com/e-iplaws.html
http://www.china-laws-online.com/china-tradmarks-patents-law/patent-law/index.htm
http://www.derwent.patentguides/gpe/cn_feb.htm
Prepared for IP Organisers by Dr Grace Chan, Phillips
Ormonde & Fitzpatrick - October 2002. |
