LONGER TERM FOR INVENTION PATENTS FILED BEFORE 1993

According to a notification of the State Intellectual Property Office (SIPO) dated 10th December 2001, to comply with Section 70 of the TRIPS Agreement, some of the granted patents for invention shall now enjoy protection for twenty years instead of fifteen years as provided by the previous Chinese Patent Law. These patents for invention include those filed on and before 31st December 1992 with the Chinese Patent Office (now SIPO) and still valid until 11th December 2001. Patentees intending to obtain extended term of protection shall pay annuities according to the present regulations (official annuity fee: 8000 RMB per year, about 970 US dollars).

For those patents for invention filed with the Chinese Patent Office between 11th December 1986 and 11th January 1987 and which are still valid until 11th December 2001, if extended term of protection is sought, the patentee shall pay the annuity of the 16th year before 11th January 2002.

SIPO will publish those patents whose term of protection has been extended, but will not issue new Patent Certificates. The old Paten Certificates shall remain valid.

It is strongly advised that patentees review their patent portfolio and arrange annuity payment if the extended term of protection is to be sought.