I. Types of Patent Official Fees

Application Fees:

  • Application Fee
  • Additional Application Fee
  • Publication Printing Fee
  • Priority Claim Fee

Substantive Examination Fees:

  • Substantive Examination Fee for Invention Patent Application
  • Re-examination Fee

Authorization and Announcement Fees:

  • Patent Registration Fee
  • Announcement Printing Fee
  • Stamp Duty
  • Certificate Copy Fee
  • Annual Fee

Rights Relief Fees:

  • Rights Restoration Request Fee
  • Deadline Extension Request Fee
  • Late Payment Surcharge

Rights Modification Fees:

  • Recordal Matters Change Fee
  • Patent Rights Evaluation Report Request Fee
  • Invalidation Request Fee

II. Details of Each Type of Fee

1. Application Fees

Application fees include: application fee, additional application fee, publication printing fee, and priority claim fee (if priority is claimed).

  • Payment Deadline: Within 2 months from the date of application or within 15 days from the date of receipt of the acceptance notice. Failure to pay within the deadline will be considered a withdrawal of the application. These four application fees must be paid simultaneously.
  • Fee Standards:
    • Application Fee:
      • Invention: 900 RMB
      • Utility Model: 500 RMB
      • Design: 500 RMB
    • Additional Application Fee:
      • Additional Claim Fee: 150 RMB per claim from the 11th claim onwards
      • Additional Pages Fee: 50 RMB per page from the 301st page onwards
    • Publication Printing Fee: 50 RMB (for inventions; utility models and designs have no publication step due to preliminary examination)
    • Priority Claim Fee: 80 RMB per prior application

2. Substantive Examination Fees

2.1. Substantive Examination Fee for Invention Patent Applications

  • Payment Deadline: Within 3 years from the date of application (or the earliest priority date if priority is claimed). The fee must be paid when submitting the request for substantive examination. Failure to pay within the deadline will be considered a withdrawal of the application.
  • Fee Standard: 2500 RMB per invention patent.

2.2. Re-examination Fee

  • Payment Deadline: Within 3 months from the date of receipt of the rejection decision from the patent office. The fee must be paid when submitting the re-examination request. Failure to pay within the deadline will be considered a non-submission of the request.
  • Fee Standard:
    • Invention: 1000 RMB
    • Utility Model: 300 RMB
    • Design: 300 RMB

3. Authorization and Announcement Fees

3.1. Patent Registration Fee

  • Payment Deadline: Within 2 months from the date of receipt of the notice of allowance and the notice to complete the registration formalities. Failure to pay within the deadline will be considered a non-completion of the registration formalities.
  • Fee Standard:
    • Invention: 200 RMB
    • Utility Model: 150 RMB
    • Design: 150 RMB
  • Note: Fees to be paid simultaneously with the registration fee include the announcement printing fee, stamp duty, and the annual fee for the year the patent is granted.

3.2. Announcement Printing Fee

  • Payment Deadline: Within 2 months from the date of receipt of the notice of allowance and the notice to complete the registration formalities. Failure to pay within the deadline will be considered a non-completion of the registration formalities.
  • Fee Standard: 50 RMB (for all patent types)
  • Note: Fees to be paid simultaneously with the announcement printing fee include the patent registration fee, stamp duty, and the annual fee for the year the patent is granted.

3.3. Stamp Duty (Currently Suspended)

  • Payment Deadline: Within 2 months from the date of receipt of the notice of allowance and the notice to complete the registration formalities. Failure to pay within the deadline will be considered a non-completion of the registration formalities.
  • Fee Standard: 5 RMB (for all patent types)
  • Note: Fees to be paid simultaneously with the stamp duty include the patent registration fee, announcement printing fee, and the annual fee for the year the patent is granted.

3.4. Patent Document Copy Fee

  • Payment Deadline: Fees must be paid before requesting any of the following 9 types of copies and certificates: duplicate of patent registration book, duplicate of prior application file, duplicate of patent authorization document, duplicate of patent certificate, patent certificate proof, patent registration book proof, patent authorization procedure proof, applicant name change proof, and patent document inspection and copying proof.
  • Fee Standard: 30 RMB per copy (for all patent types)

3.5. Annual Fee

Patent Annual Fee Schedule:

Year Invention (CNY) Utility Model (CNY) Design (CNY)
1st 900 600 600
2nd 900 600 600
3rd 900 600 600
4th 1200 900 900
5th 1200 900 900
6th 1200 1200 1200
7th 2000 1200 1200
8th 2000 1200 1200
9th 2000 2000 2000
10th 4000 2000 2000
11th 4000 3000
12th 4000 3000
13th 6000 3000
14th 6000 3000
15th 6000 3000
16th 8000
17th 8000
18th 8000
19th 8000
20th 8000

When should the patent annual fee be paid?

  1. For the year the patent is granted: It should be paid within the period specified in the notice to complete the registration formalities, i.e., within 2 months from the date of receipt of the notice.
  2. For subsequent years: It should be paid before the end of the previous year. The payment deadline is the anniversary date of the application in that year.

Example: If a patent application date is December 29, 2020, and the patent is granted on September 28, 2021, the second-year annual fee should be paid upon registration, and the third-year annual fee should be paid by December 29, 2022.

What if the annual fee is not paid on time?

  • For the year the patent is granted: Failure to pay the annual fee on time will be considered a non-completion of the registration formalities, and the patent office will issue a notice of deemed abandonment. The applicant may request restoration of rights according to the relevant provisions of the Implementing Regulations of the Patent Law.
  • For subsequent years: The patent office will issue a payment notice requiring the patentee to pay the annual fee and a late fee within six months from the due date. If the payment is not made within six months, the patent office will issue a notice of termination of the patent right. The patentee may request restoration of rights according to the relevant provisions of the Implementing Regulations of the Patent Law.
  • Note: During the restoration procedure, the patentee must pay both the due annual fee and the late fee.

How is the late fee calculated?

  • No late fee is charged if the annual fee is paid within one month after the due date.
  • A late fee is charged at 5% of the annual fee for each month of delay beyond one month, up to six months. The late fee amounts are as follows:
    1. 1-2 months: 5% of the annual fee
    2. 2-3 months: 10% of the annual fee
    3. 3-4 months: 15% of the annual fee
    4. 4-5 months: 20% of the annual fee
    5. 5-6 months: 25% of the annual fee

Example: If the application date of a utility model patent is April 9, 2019, the first late period for the third-year annual fee is April 10, 2021 – May 10, 2021, with a late fee of 0 RMB. The second late period is May 11, 2021 – June 9, 2021, with a late fee of 600 RMB × 5% = 30 RMB. The third late period is June 10, 2021 – July 9, 2021, with a late fee of 600 RMB × 10% = 60 RMB. The fourth late period is July 10, 2021 – August 9, 2021, with a late fee of 600 RMB × 15% = 90 RMB. The fifth late period is August 10, 2021 – September 9, 2021, with a late fee of 600 RMB × 20% = 120 RMB. The sixth late period is September 10, 2021 – October 11, 2021, with a late fee of 600 RMB × 25% = 150 RMB.

How to make additional payments if the annual fee or late fee is insufficient within the six-month late period?

  • Additional payments must be made according to the late fee rate applicable to the period in which the additional payment date falls. The total due annual fee and late fee must be paid in full.

Example: If the late fee rate of 5% applies to the period May 5 – June 5, and the late fee is 45 RMB but only 25 RMB is paid, the additional payment on June 7 must be calculated at the 10% rate applicable to that period. Thus, the total late fee is 90 RMB, and the payer must make up 90 – 25 = 65 RMB.

4. Rights Relief Fees

4.1. Rights Restoration Request Fee

  • Payment Deadline: Within 2 months from the date of receipt of the notice of loss of rights from the patent office. Failure to pay within the deadline will be considered a non-submission of the restoration request.
  • Fee Standard: 1000 RMB for all patent types.

4.2. Deadline Extension Request Fee

  • Payment Deadline: Before the original deadline, submit the extension request form and pay the extension request fee. Failure to pay within the deadline will be considered a non-submission of the extension request. The deadline can be extended a maximum of 2 times for the same specified period.
  • Fee Standard:
    • First extension: 300 RMB per month
    • Second extension: 2000 RMB per month

5. Rights Modification Fees

5.1. Recordal Matters Change Fee

  • Payment Deadline: Within 1 month from the date of submission of the recordal matters change request. Failure to pay within the deadline will be considered a non-submission of the request.
  • Fee Standard:
    • Change of inventor, applicant, or patentee: 200 RMB
    • Change of patent agency or agent: 50 RMB

5.2. Patent Rights Evaluation Report Request Fee

  • Payment Deadline: Within 1 month from the date of submission of the request for the patent rights evaluation report. Failure to pay within the deadline will be considered a non-submission of the request.
  • Fee Standard: 2400 RMB for utility models and designs (not applicable to inventions).

5.3. Invalidation Request Fee

  • Payment Deadline: Within 1 month from the date of submission of the invalidation request. Failure to pay within the deadline will be considered a non-submission of the request.
  • Fee Standard:
    • Invention: 3000 RMB
    • Utility Model and Design: 1500 RMB

III. Reduction of Patent Fees

According to the “Notice on the Reduction of Patent Fees” (Cai Shui [2016] No. 78) issued by the Ministry of Finance and the National Development and Reform Commission, effective September 1, 2016, three categories of applicants can enjoy reduced patent fees:

  • Individuals with an average monthly income below 3500 RMB (annual income below 42,000 RMB)
  • Enterprises with an annual taxable income below 300,000 RMB
  • Institutions, social organizations, and non-profit research institutions

If two or more individuals or entities are joint applicants or joint patentees, all must meet the above conditions.

However, foreign applicants applying for patents in China cannot enjoy fee reductions.

Nonetheless, PCT international applications filed with the China National Intellectual Property Administration (CNIPA) as the receiving office are exempt from application fees and additional application fees when entering the national phase in China.

If a PCT international application is filed with another receiving office, full application fees and additional application fees must be paid when entering the national phase in China. For example, if an applicant files a PCT international application with the United States Patent and Trademark Office, the full application fee and additional application fee must be paid when entering the national phase in China.

Reduction of substantive examination fees for PCT international applications entering the national phase in China:

  • If the international search report is issued by CNIPA, no substantive examination fee is required.
  • If the international search report is issued by the European Patent Office, Japan Patent Office, or Swedish Patent Office, a 20% reduction in the substantive examination fee applies (only 80% of the fee is required).
  • If the international search report is issued by another authority, the full substantive examination fee must be paid.