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

    China Hands Down First Batch of Patent Linkage “Paragraph IV” Litigation Results

    2022年6月30日
    China has been implementing a plethora of new laws and measures that are particularly favorable to drug companies, such as patent term extension and patent linkage. Details of the new implementation measures for patent linkage (technically “early dispute resolution mechanisms for drug patents”) came into effect on July 4, 2021. At around the same time, […]

    China Releases Draft Examination Guidelines for the new Patent Law

    2020年12月4日
    The Chinese Patent Office (CNIPA) is moving forward at breakneck speeds aiming to get all the necessary pieces in place for the June 1, 2021 date when the new 4th Amendment of the Patent Law will come into effect. Most recently, this means a flurry of drafts coming out from CNIPA, including, but not limited […]

    China Forges Ahead with Draft Measures for New Patent Linkage System

    2020年10月19日
    Update! The finalized Implementation Measures are now out. You can read the details here: Breaking: China Released New Implementation Measures for the New Patent Linkage System Last month September 11, 2020, China’s National Medical Products Administration (NMPA) and the China National Intellectual Property Administration (CNIPA) jointly issued a draft set of measures for public opinion […]

    Burden Shift: CNIPA Requires Applicant to “Prove” that Post-Filing Data is not Fake Data

    2025年4月1日
    “Good Faith” is a challenging concept that brings with it the nuances of a particular jurisdiction’s ideas about honesty, moral values, and societal expectations. Most patent laws around the world include good faith requirements – especially in matters involving the legal and the medical profession – and China is no exception. So what’s the standard? […]

    我们的过去活动

    Top crossarrow-right