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💡 Intellectual property

Patent Law of the PRC (2021 Amendment) · Yalla China

قانون براءات الاختراع (تعديل 2021) / Patent Law of the PRC (2021 Amendment)

Enacted: 2020-10-17 ✅ Effective: 2021-06-01

📝 Overview

Regulates the granting and protection of patents in China, strengthening rights of individual inventors and companies and toughening penalties for infringement.

This is general information only, not legal advice. For your specific case, consult a licensed lawyer.

📜 The law text / key provisions

The Patent Law (2021 Amendment) sets out: (1) Patent types: invention patent (20 years), utility model (10 years), design patent (15 years); (2) Patentable inventions: novel, non-obvious inventions capable of industrial application; (3) Infringement damages: RMB 10,000 to 5 million, up to five times for willful infringement; (4) Bolar exception: permits manufacturing of patented pharmaceuticals before expiry for regulatory approval purposes; (5) Foreigners' right to patent: foreigners may file patents in China through PCT or direct filing.

💬 Practical reading

💬 This is a general reading/opinion for orientation — not the official legal text nor legal advice.
Register your patent in China as soon as possible; China uses a first-to-file system. Consult a specialized IP lawyer to ensure proper coverage.
📎 Official source National People's Congress of China

🕒 Updated: 16 March 2026

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