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).
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.
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. 
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.
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.
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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