Legal analysis: The term of patent right for utility model is ten years, counting from the date of application. Where a patent right for invention is granted after four years from the date of application for a patent for invention, and three years from the date of substantive examination request, the patent administration department of the State Council shall, at the request of the patentee, compensate for the unreasonable delay of the invention patent in the process of authorization, except for the unreasonable delay caused by the applicant.
Legal basis: Article 42 of the Patent Law of the People's Republic of China
The term of the invention patent is 2 years, the utility model patent is 1 years, and the design patent is 15 years, all of which are counted from the date of application. Where a patent right for invention is granted after four years from the date of application for a patent for invention, and three years from the date of substantive examination request, the patent administration department of the State Council shall, at the request of the patentee, compensate for the unreasonable delay of the invention patent in the process of authorization, except for the unreasonable delay caused by the applicant. In order to compensate the time occupied by the new drug listing review and approval, the patent administration department of the State Council shall compensate the patentee for the patent period of the new drug-related invention patent that has obtained the listing license in China. The compensation period shall not exceed five years, and the total effective patent right period after the new drug is approved for listing shall not exceed fourteen years.
article 43 the patentee shall pay the annual fee from the year when the patent right is granted.