中国China Patent OfficeCNIPAFeePCT
2024年9月6日

New Fee Standards Released for Chinese Patent Applications

by
刘勇博士
王怡瑾女士

Recently, the Chinese government issued four official notices introducing new fee standards and deduction rules for Chinese patent applications.1 These updates address international applications (PCT applications) and the Chinese national phase applications thereof, as well as patent term adjustment/extension (PTA/PTE).

Please find our summary below:

PCT application fee deduction rules

 

Application fee & extra fees (claims/pages)

Substantive examination fee

PCT application type

Before

Jul 26, 20242

After

Jul 26, 2024

Before

Jul 26, 2024

After

Jul 26, 2024

CNIPAas RO

CNIPA as ISA or IPEA

100% OFF

100% OFF

100% OFF

100% OFF

non-CN as ISA or IPEA

EPO as ISA


JPO as ISA


SPO as ISA

100% OFF

No discount

20% OFF

No discount

All others as ISA or IPEA

No discount

No discount

No discount

No discount

non-CN as RO

CNIPA as ISA or IPEA

No discount

No discount

100% OFF

100% OFF

non-CN as ISA or IPEA

EPO as ISA


JPO as ISA


SPO as ISA

No discount

No discount

20%OFF

No discount

All others as ISA or IPEA

No discount

No discount

No discount

No discount

  • Abbreviations

    • CNIPA - China National Intellectual Property Administration

    • Non-CN – other patent offices than CNIPA

    • NPE - National Phase Entry

    • IPEA - International Preliminary Examining Authority
  • RO - Receiving Office

  • ISA - International Search Authority

  • EPO - European Patent Office

  • JPO - Japan Patent Office

  • SPO - Swedish Patent Office

Fee standards for PTA/PTE

Under the new fee schedule, the official fee for PTA/PTE requests is CNY 200/patent. If any PTA/PTE request has been filed before July 26, 2024, the PTA/PTE request fee thereof must be paid before October 26, 2024.

If PTA/PTE is granted, the annuity fee during the patent compensation period is CNY 8000/patent/year.

A SPECIAL NOTE: The annuity fee for the patent compensation period must be paid in a lump sum before the expiration of the 20-year patent term. No late payment, restoration, or fee reduction is applicable.

Others

During the implementation period of the patent open license, the annuity fee will be reduced by 15%. If other patent fee reduction policies are also applicable, the most favorable policy can be selected, but only one fee reduction policy may be used per patent.

EIP Thoughts

The new PCT application fee deduction rules are intended to promote CNIPA as the ISA and IPEA for international patent applications.

It has been over four years since PTA/PTE were first introduced in the latest 4th Amendment to the Patent Law. Now we finally have a complete set of procedural requirements for PTA/PTE requests. So far, the procedure has been smooth, and we have already had several requests successfully granted.

We will continue to monitor developments closely and keep you informed of any further updates.

Related Articles

A More Detailed Overview of China’s Patent Term Extension (PTE) System

Everything you need to know about Patent Term Adjustment (PTA) in China

If you would like to have more information on this matter or would like to have our advice, please feel free to contact us at [email protected].

This article is for general informational purposes only and should not be considered legal advice or a legal opinion on a specific set of facts.

    1. Notice on Adjusting and Optimizing Patent Fee Policy, Finance and Taxation [2024] No. 23” and “Notice on the Annual Fee Standard for the Patent Compensation Period and Other Related Matters, Development and Reform Price [2024] No. 1156,” and “Announcement on Adjusting Certain Patent Fee Standards and Reduction Policies (No. 594)” and “Notice on the Payment of Patent Term Compensation Fees and Other Related Matters”.

      ↩︎
    2. Appendix 2 of “Notice of the National Development and Reform Commission and the Ministry of Finance on Reissuing the Administrative and Institutional Fee Standards of the National Intellectual Property Administration and Other Related Issues, Development and Reform Price [2017] No. 270.”

      ↩︎

    其他文章

    US vs CN: Foreign Filing License Requirements

    2022年11月9日
    In China, foreign filing requirements are generally very similar to the US — a foreign filing license is required if a foreign application is to be filed first for an invention made in the country. The Chinese equivalent to the US foreign filing license is called a confidentiality examination for foreign filing. According to Chinese […]

    Miss the 12-month Filing Deadline? China Finally Allows Patent Applicants to Restore, Add, or Correct a Priority Claim

    2024年4月15日
    Three major 'remedial’ systems taken from the PCT Regulations have been introduced in the third revision of the Implementation Regulations of the Chinese Patent Law in 2023 (hereinafter referred to as the "Implementation Regulations"). We previously discussed one of these remedial systems, Incorporation by Reference based on Rule 45 of the Implementation Regulations, which allows […]

    Major and Exciting Changes to China’s Patent Law [Fourth Amendment to China's Patent Law]

    2019年2月20日
    Major changes are on the horizon for China’s Patent Law, which will see an overhaul in many areas as early as this year (2019). On January 4, 2019, the National People’s Congress in China published the latest draft of the Fourth Amendment to China’s Patent Law. Several draft amendments have been released for public comment […]

    New Remedy in China for Fixing "Errors" in a Patent Application: Incorporation by Reference

    2024年3月21日
    Background As mentioned in our earlier article, the Implementation Regulations of the Chinese Patent Law (“Regulations”, similar to the CFR in the US) were approved in November, and the CNIPA finally made public the full text of the Regulations just before the arrival of the New Year. At the same time, the CNIPA also released the new […]

    我们的过去活动

    Top crossarrow-right