06
2024-08
Latest Official Fee standards regarding Patents(Invention, Utility Model, and Design) and ICL Design in China 2024
On August 6, 2024, the China National Intellectual Property Administration (CNIPA) announced the latest standards for patent fees and integrated circuit layout design fees.
1st Part: Patent Fee (RMB) | ||
Patent Fees – Domestic | ||
Filing Fee | ||
Invention | 900 | |
Utility Model | 500 | |
Design | 500 | |
Additional Fee for Filing an Application | ||
Additional fee for each claim Exceeds 10 items | 150 | |
Additional fee for each page of the Description of the Application Documents Exceeds page 30 | 50 | |
Additional fee for each page of the Description of the Application Documents Exceeds page 300 | 100 | |
Printing Fee for Publishing the Invention Application | 50 | |
Fee for Claiming Priority (Each Priority) | 80 | |
Fee for Substantive Examination for an Application of Patent for Invention | 2500 | |
Reexamination Fee | ||
Invention | 1000 | |
Utility Model | 300 | |
Design | 300 | |
Annual Fee | ||
Invention | ||
1-3 Years (Each Year) | 900 | |
4-6 Years (Each Year) | 1200 | |
7-9 Years (Each Year) | 2000 | |
10-12 Years (Each Year) | 4000 | |
13-15 Years (Each Year) | 6000 | |
16-20 Years (Each Year) | 8000 | |
Utility Model | ||
1-3 Years (Each Year) | 600 | |
4-5 Years (Each Year) | 900 | |
6-8 Years (Each Year) | 1200 | |
9-10 Years (Each Year) | 2000 | |
Design | ||
1-3 Years (Each Year) | 600 | |
4-5 Years (Each Year) | 900 | |
6-8 Years (Each Year) | 1200 | |
9-10 Years (Each Year) | 2000 | |
11-15 Years (Each Year) | 3000 | |
Surcharge | ||
The amount of the surcharge shall be, for each month of late payment, 5% of the whole amount of the annual fee of the year within which the annual fee is due to be paid. | ||
Fee for Requesting Restoration of Right | 1000 | |
Fee for Requesting Extension of Time Limit | ||
Fee for First Requesting Extension of Time Limit (Each Month) | 300 | |
Fee for Second Requesting Extension of Time Limit (Each Month) | 2000 | |
Fee for Making a Change in the Bibliographic Data | ||
Change of Inventor, Applicant, Patentee | 200 | |
Fee for Requesting for Evaluation Report of Patent | ||
Utility Model | 2400 | |
Design | 2400 | |
Fee for Requesting for Announcement of Invalidation of Patent | ||
Invention | 3000 | |
Utility Model | 1500 | |
Design | 1500 | |
Fee for Certification of Copies of Patent Document (Each Copy) | 30 | |
Request Fee for Patent Term Extension(PTE) or Patent Term Adjustment(PTA) (Each Case) | 200 | |
Annual Fee for PAE or PTA (Each year, no charge for the period less than a year) | 8000 | |
Note: 1. In case the applications for an invention patent have already entered the substantive examination phase, but the applicant voluntarily withdraws the application before the expiration of the period for response to the first office action (except when a response to the office action has already been submitted), the applicant may request reimbursement of 50% of the fee for substantive examination. 2. For bulk transfers of patent applications (or patents), the bibliography change fee is based on the number of patent applications (or patents) involved. For bulk requests to change the names of the applicants (or patentees) on the same day without involving rights transfer, the fee for bibliography change is charged as for one patent application (or patent). |
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Patent Fees - PCT Application Fees | ||
International Stage of a PCT Application | ||
1. Fees Collected by CNIPA on behalf of the International Bureau of WIPO Fees collected by CNIPA on behalf of the International Bureau of WIPO (International application fees and handling fees) shall be in line with the fee collection and reduction provisions of the "Patent Cooperation Treaty Regulations", regarding the RMB standard published in the PCT section of the WIPO website. |
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2. Fees collected by CNIPA | ||
Search Fee | 2100 | |
Additional Search Fee | 2100 | |
Priority Document Fee | 150 | |
Preliminary Examination Fee | 1500 | |
Additional Preliminary Examination Fee | 1500 | |
Unity Opposition Fee | 200 | |
Copy Fee (each Page) | 2 | |
Later Submission Fee | 200 | |
Request Fee for Restoration of Rights | 1000 | |
Later Payment Penalty: 50% of the unpaid fees; if higher than 50% of the international application fee (excluding additional fees), it is charged at 50% of the international application fee. | ||
PCT Applications Entering China's National Phase | ||
Surcharge for the Late Entry | 1000 | |
Fee for Correction of Translation | ||
Correction of Translation in the Preliminary Examination Phase | 300 | |
Correction of Translation in the Substantive Examination Phase | 1200 | |
Restoration Fee for Unity | 900 | |
Restoration Fee for Priority Rights | 1000 | |
Note: 1. There will be no application fees or additional fees when entering the national phase in China for the PCT applications for which CNIPA acts as the receiving office and international search authority. 2. There will be no substantive examination fees when entering the national phase in China for the PCT applications with international search reports or international preliminary reports on patentability issued by CNIPA. 3. Policy for other fees of PCT applications entering China's national phase follows the domestic section. |
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Patent Fees -International Design Registration Applications | ||
I. Fees for the International Procedure of International Design Registration Applications | ||
1. International Design Registration Application Fee (basic fee, publication fee, surcharge, etc.) | ||
2. Individual Designation Fees for China | ||
Individual designation fee for designating China - First Phase | 4100 | |
Individual designation fee for designating China - Second Phase | 7600 | |
Individual designation fee for designating China -Third Phase | 15000 | |
Notes : Fees for the international procedure of international design registration applications should be paid directly to the International Bureau, referring to the Swiss Franc standard published in the Hague section of the WlPO website. |
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II. Fees for the National Procedure of International Design Registration Applications | ||
The fee standards for the national procedure of international design registration applications designating China shall be in line with domestic standards. | ||
Patent Fees -Fees Based on Agreement | ||
Fees for search and examination services provided by the CNlPA for patent applications from other countries and regions shall be in line with inter-office agreements. | ||
Patent Fees- Fee Reductions | ||
Fee Reduction Conditions | Individual or entity patent applicants or patentees | Patent applicants or patentees with more than one individual or entities |
Individuals with an average monthly income below 5000 (annual income below 60000) in the previous year | 85% reduction | 70% reduction |
Enterprise with a taxable income below 1 million in the previous year | 85% reduction | 70% reduction |
Public institutions, social organizations, non-profit research institutions | 85% reduction | 70% reduction |
Types of Fee Reductions: application fee (excluding publication printing fee and additional application fee), substantive examination fee for invention patent applications, re-examination fee, annual fee (for the first ten years starting from the year the patent right is granted and annual fee during the period of open license implementation), individual designation fees for China (first and second phases). Notes : A reduction on annual fees for patents is 15% during the open license implementation period. lf two conditions for patent annual fee reduction are met, the higher reduction rate will apply. |
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2nd Part: Integrated Circuit Layout Design Fee (RMB) | ||
Layout Design Registration Fee (per item) | 1000 | |
Layout Design Registration Re-examination Request Fee (per item) | 1000 | |
Fee for Changes in Recorded items (per item per time) | 50 | |
Extension Request Fee (per item per time) | 150 | |
Request for Restoration of Layout Design Registration Rights Fee (per item) | 500 | |
Non-voluntary License Request Fee for Using Layout Design (per item) | 150 | |
Decision Fee for Payment of Remuneration for Non-voluntary License Use of Layout Design (per item) | 150 |
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