How long should the protection period of patented drugs be?

There is no special provision for the patent protection period of new drugs in China, that is, the invention patent is 20 years, and the utility model and design are 10 years. The patent protection period of the United States, Japan and other countries is also 20 years, but the United States and Japan implement the patent compensation period system. The United States is the first country to implement the patent compensation period system. 1984, the US Congress promulgated the Drug Price Competition and Patent Term Compensation Act. Article 2 of the law stipulates that the patentee of inventions made of drugs, medical devices, food additives and pigment additives for human use may compensate for part of the patent protection time lost because his patented products are awaiting federal pre-sale approval. The extension period in the United States is equal to 1/2 (clinical trial stage time) plus the application stage time, and the extension period generally does not exceed 5 years. However, due to FDA approval, the actual protection period cannot exceed 14 years. The patent compensation period in Japan starts from the later date of patent registration and the start date of clinical trial, and ends on the date of obtaining administrative license. The total compensation period shall not exceed 5 years. The application must be submitted within three months after receiving the above administrative license, but the above application shall not be submitted after the expiration of the original patent protection period. Patent compensation is applicable to human or veterinary drugs, human or veterinary diagnostic reagents or materials and medical purposes, but not to medical devices or devices. It is expected that China can also set up a compensation system for patent drug protection period as soon as possible to promote drug research and development into a virtuous circle. Drug patent application