legal analysis: the original drugs are generally applied for invention patents, and the protection period of invention patents in China is 2 years, which is counted from the date of patent application. In addition, there are no special regulations on drug patents in China, and there are cases where patents expire and continue, so the patent protection period of the original drug is up to 2 years.
legal basis: article 42 of the patent law of the people's Republic of China has a term of 2 years for inventions, 1 years for utility models and 15 years for designs, all of which are counted from the date of application.
if a patent for invention is granted after four years from the date of application 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 for the time occupied by the examination and approval of the new drug listing, the patent administration department of the State Council shall compensate the patentee for the patent period of the invention patent related to the new drug 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.