Legal analysis: Drugs generally apply for invention patents in China, and the patent period is 20 years. It is necessary to pay the annual fee on time according to the relevant documents. Failing to pay, it shall be deemed as an automatic waiver of the patent right. There is no special provision for the term of protection of new drug patents in China. The term of protection of design patents and utility model patents is ten years; An application for a patent for a drug, that is, an application for a patent for the invention of a drug's production process and formula, shall have its protection period counted from the date of application.
Legal basis: Article 42 of the Patent Law of People's Republic of China (PRC) has a term of 20 years, and the term of utility model patent and design patent is 10 years, counting from the date of filing.
Article 50 of the Patent Law of People's Republic of China (PRC) * * * For the purpose of public health, the patent administration department of the State Council may grant compulsory licenses for the manufacture and export of patented drugs to countries or regions that meet the requirements of relevant international treaties to which People's Republic of China (PRC) is a party.