When filing for a patent in China, understanding the official fees (government fees) and their payment schedules is essential. This guide provides an in-depth overview of the fees associated with different types of patents in China, including invention patents, utility models, and design patents. We’ll also explore fee reductions, payment deadlines, and best practices for managing these costs effectively.
Attention: Failing to comply with patent fee requirements can result in the loss of valuable IP rights.
Patent official fees are the charges set by the China National Intellectual Property Administration (CNIPA) for processing patent applications and maintaining granted patents. These fees cover various stages of the patent lifecycle, including filing, examination, granting, and maintenance.
Annual maintenance fees (up to ten years post-grant)
Reexamination fees
Eligibility Criteria
Individuals: Annual income below CNY 60,000 may qualify for an 85% reduction.
Small Enterprises: Taxable income below CNY 1 million in the previous year may receive a 85% reduction.
Note: 75% discount for two applicants who both meet the above qualifications.
Required Documents
Applicants must provide the following supporting documentation to prove eligibility:
For legal entities:
Sealed copy of business license;
Tax return for the previous entire year. (Note: If the company is incorporated in the current year, the tax return is not required)
For individuals
Signed copy of ID proof;
Bank statements;
Certificate of CN social insurance;
Income certificates given by his/ her employer.
Note: CNIPA does not restrict the eligibility of foreign applicants. However, in practice, unless they operate, work, or study in China, they cannot provide recognized proof of income from China, which means it is impossible to enjoy the reduction.
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 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.
Deadlines and Consequences for Not Paying Annual Fees
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 in China
Online Payment
Patent fees can be checked and paid conveniently through CNIPA’s online portal for patent matters. Ensure accurate details are provided to avoid payment errors.
Currently, the system supports WeChat payment and bank transfers.
The online payment of patent fees in China.
Refund Policy
Generally, patent fees are non-refundable unless a payment error is proven.
Best Practices for Managing Patent Fees
Set Reminders: CNIPA does not send annual fee reminders unless you’re one month overdue. Using a calendar or engaging a patent management service is strongly recommended, especially in multiple countries.
Track Reductions: Monitor changes in income or business status to qualify for fee reductions, but this tip doesn’t apply to foreign applicants.
Hire Professionals: Engage an experienced patent attorney or agent to estimate all the patent fees in advance.
Our team of experienced intellectual property attorneys can assist with fee management, filing, and compliance. Contact us today for professional guidance.
