Per an August 6, 2024 Notice  (关于专利权期限补偿费用缴纳等相关事项的通知) from China’s National Intellectual Property Administration (CNIPA) requests for patent term compensation, i.e., patent term extension (PTE) or patent term adjustment (PTA), filed before July 26, 2024 must be paid by October 26, 2024.  Per an earlier Notice, the fee for requesting patent term compensation is 200 RMB. CNIPA will not award any patent term compensation if the fee is not paid the by the deadline.

While the amended Chinese Patent Law was passed in 2020 and effective in 2021, there were no Implementing Regulations explaining how compensation was to be calculated until December 2023. Further, CNIPA did not release fee information for compensation until August 6, 2024 further delaying the processing of any patent term compensation requests.

The Notice also states that annuities (8000 RMB/year) for any patent term compensation must be paid in full before the expiration of the traditional 20-year patent term. Late payments and revivals will not be accepted during the compensated patent term.

The Notice is available here (Chinese only).