Patent fees, known as patent official/government fees, refer to administrative fees collected by the patent office for patent examination. When you are preparing to apply for a patent in China, you must estimate this cost in advance, especially the following matters:
- What is the amount?
- When is the deadline?
If you do not hire any Chinese patent agent, you had better learn how to pay the fees by yourself. In this article, we will discuss the above matters in detail:
Types of patent fees
According to the different stages of patent prosecution, patent fees mainly include application fees, examination fees, retrial fees, registration fees, maintenance fees, and invalidation fees.
Fee schedule of 2024
The following is the latest fee schedule issued by the CNIPA:
Application
| Filing fees | (Currency: CNY, click here for exchange rate) |
| Invention | 900 |
| Utility model | 500 |
| Design | 500 |
| Additional filing fees | |
| for each claim in excess of 10 | 150 |
| for each page of the description in excess of 30 pages | 50 |
| for each page of the description in excess of 300 pages | 100 |
| Publication fees (only for invention) | 50 |
| Claiming priority (each) | 80 |
Examination
| Substantive examination fees for invention | 2500 |
Retrial
| Invention | 1000 |
| Utility model | 300 |
| Design | 300 |
Registration
The annuity for the year when granted (see the table below).
Maintenance
| Annual fees | |
| Invention | |
| 1-3th year: annually | 900 |
| 4-6th year: annually | 1200 |
| 7-9th year: annually | 2000 |
| 10-12th year: annually | 4000 |
| 13-15th year: annually | 6000 |
| 16-20th year: annually | 8000 |
| Utility models/ designs | |
| 1-3th year: annually | 600 |
| 4-5th year: annually | 900 |
| 6-8th year: annually | 1200 |
| 9-10th year: annually | 2000 |
Invalidation
| Invention patent | 3000 |
| Utility model patent | 1500 |
| Design patent | 1500 |
Miscellaneous
| Late payment fees for annuities | |
| 5% of the overdue annuity for each month | |
| Restoration fees/ Grace period fees | 1000 |
| Request for extension of a period | |
| first time to extend (per month) | 300 |
| 2nd time to extend (per month) | 2000 |
| Registration fees for change | |
| Change of Inventor, Applicant, Patentee | 200 |
| Patent evaluation report | |
| Utility model | 2400 |
| Design | 2400 |
- Please visit at CNIPA for other fees.
- For the fees of entry into the national phase in China, please read at:National Phase: The Latest Guideline For Your PCT Entry Into China
Reduction/ discount of patent fees
According to the regulation of patent Fees, eligible patent applicants/ owners may request a reduction in some items.
Scopes
- Application fee (excluding publication fee and additional filing fees)
- Requesting substantive examination fees for inventional patent
- annuities (within ten years from the year of granting)
- Appeal fees
Eligibility
- 85% discount for the Individuals whose annual income was less than 60,000 CNY;
- 85% discount for the enterprise whose annual taxable income was less than 1,000,000 CNY;
- 85% discount for the public institutions;
- 75% discount for two applicants/ owners who meet the above qualifications.
Documents required
For enterprises;
- Stamped business license;
Annual tax declaration form for last year (the taxable income should be less than 1,000,000 CNY);
For individuals
- Stamped income certificate (annual income shall be less than 60,000 CNY in the last year);
- Signed copy of ID card;
For public institutions:
- Stamped certificate of incorporation
Note: CNIPA has never restricted foreign applicants from requesting the reduction. However, in practice, it is difficult for foreign applicants to provide recognized taxable income or income, so the reduction for foreigners is rare.
Deadlines of payment
| Items | Deadline |
| Filing fees | Within 2 months from the filing date. |
| Examination fees | Within 3 years from the filing date. |
| Retrial fees | Within 3 months from the refusal date. |
| Registration fees | Within 2 months from the grant date. |
| Maintenance/ renewal fees | The annual fee for the next year should paid in advance before the expiration of the previous year (i.e., the filing date). |
| Invalidation fees | Within 2 months from the request date. |
How often are annual fees paid?
You can pay annual fees annually or pay for multiple years upfront.
What happens if the annuities are not paid in due time?
Pay late fees
If the annual fees are not paid within six months from the due date, late fees (5-25%) will be charged;
Pay restoration fees
If over six months and within two months from receiving the "Notice of Termination of Patent", restoration fees of 1000 CNY and the late fees (25%) will be charged.
Lose the patent
If over two months from receiving the "Notice of Termination of Patent", the patent will be lost completely.
How to pay patent fees online?
In addition, the system is also a portal where users can check the amount and date of official fees.
Can patent fees be refunded?
Only in the three cases of overpayment, duplicate payment or wrong payment, the payer can request a refund within three years from the payment date.
Will your Chinese patent agent remind you of annuities after granting?
In practice, most Chinese agencies will proactively remind clients to pay patent fees and await their instructions. However, if there is no specific agreement, the client is still responsible for monitoring deadlines and paying fees by themself.
Need to monitor and pay annual fees for you?
Are you still worried about missing the deadline? We have established a database to manage hundreds of patent cases and can remind our clients of all their payments within one year in advance. Please contact us for a quote at gbaiplawyer@gbaiplawyer.com.
