CNIPA Announcement
No. 594
No. 594
Pursuant to Notice of National Development and Reform Commission on Adjusting and Optimizing Patent Fee Policies (Finance Taxation [2024] No. 23) issued by the Ministry of Finance and Notice of Ministry of Finance on Issues Relating to Annual Fee Standards for Extended Patent Term (Development and Reform Price [2024] No. 1156) issued by the National Development and Reform Commission, the China National Intellectual Property Administration adjusts the fees charging and reduction policies for particular types of patents and hereby announces the following relevant matters:
I. Where a patentee submits a request for extension of patent term, a fee for requesting extension of patent term shall be charged at CNY 200 per case. If criteria for extension of patent term are met, an annual fee of CNY 8000 per case will be applied to each year of the extended patent term. A period that is not a complete year will be disregarded.
II. The annual fee for the patent open licensing period is subjected to -15% reduction. Where other reduction or exemption policy is applicable, the most preferential policy will apply. But the reduction or exemption policies shall not be applied simultaneously.
III. First and second-phase individual designation fees for an international design application entering China under Hague Agreement Concerning the International Registration of Industrial Designs is subjected to reduction in accordance with relevant rules set forth in Notice of National Development and Reform Commission to Print and Distribute Measures for Patent Fee Reduction (Finance Taxation [2016] No. 78), Notice of National Development and Reform Commission on Policies relating to Termination, Suspension, Exemption, and Adjustment of Some Administrative and Institutional Charges (Finance Taxation [2018] No. 37), and Notice of National Development and Reform Commission on Policies relating to Reduction and Exemption of Some Administrative and Institutional Charges (Finance Taxation [2019] No. 45) issued by the Ministry of Finance.
IV. Where a request for change of inventor, applicant, patentee is made via bulk request for making a change in the bibliographic data, the fee for making a change in the bibliographic data will be charged for one item.
V. Annotation of Annex 2 of Notice of Ministry of Finance on Several Matters on Re-Issuing standards of Administrative and Institutional Charges of China National Intellectual Property Administration (Development and Reform Price [2017] No. 270) is revised as “An international patent application (PCT application) designating China National Intellectual Property Administration as the receiving office to accept the case and carry out international search is exempted from the filing fee and the additional fee for filing. A PCT application for which China National Intellectual Property Administration has provided the International Search Report or International Preliminary Report on Patentability is exempted from the fee for substantive examination upon entering China's national phase and requesting for substantive examination. Policy for other fees of PCT applications entering China's national phase is in accordance with the domestic section.”
VI. The fee schedule and reduction provisions of the fees charged by the China National Intellectual Property Administration for institutions such as the World Intellectual Property Organization and other countries or regions are subject to the agreements reached between China National Intellectual Property Administration and said institutions, countries, or regions or are subject to relevant international treaties or conventions.
I. Where a patentee submits a request for extension of patent term, a fee for requesting extension of patent term shall be charged at CNY 200 per case. If criteria for extension of patent term are met, an annual fee of CNY 8000 per case will be applied to each year of the extended patent term. A period that is not a complete year will be disregarded.
II. The annual fee for the patent open licensing period is subjected to -15% reduction. Where other reduction or exemption policy is applicable, the most preferential policy will apply. But the reduction or exemption policies shall not be applied simultaneously.
III. First and second-phase individual designation fees for an international design application entering China under Hague Agreement Concerning the International Registration of Industrial Designs is subjected to reduction in accordance with relevant rules set forth in Notice of National Development and Reform Commission to Print and Distribute Measures for Patent Fee Reduction (Finance Taxation [2016] No. 78), Notice of National Development and Reform Commission on Policies relating to Termination, Suspension, Exemption, and Adjustment of Some Administrative and Institutional Charges (Finance Taxation [2018] No. 37), and Notice of National Development and Reform Commission on Policies relating to Reduction and Exemption of Some Administrative and Institutional Charges (Finance Taxation [2019] No. 45) issued by the Ministry of Finance.
IV. Where a request for change of inventor, applicant, patentee is made via bulk request for making a change in the bibliographic data, the fee for making a change in the bibliographic data will be charged for one item.
V. Annotation of Annex 2 of Notice of Ministry of Finance on Several Matters on Re-Issuing standards of Administrative and Institutional Charges of China National Intellectual Property Administration (Development and Reform Price [2017] No. 270) is revised as “An international patent application (PCT application) designating China National Intellectual Property Administration as the receiving office to accept the case and carry out international search is exempted from the filing fee and the additional fee for filing. A PCT application for which China National Intellectual Property Administration has provided the International Search Report or International Preliminary Report on Patentability is exempted from the fee for substantive examination upon entering China's national phase and requesting for substantive examination. Policy for other fees of PCT applications entering China's national phase is in accordance with the domestic section.”
VI. The fee schedule and reduction provisions of the fees charged by the China National Intellectual Property Administration for institutions such as the World Intellectual Property Organization and other countries or regions are subject to the agreements reached between China National Intellectual Property Administration and said institutions, countries, or regions or are subject to relevant international treaties or conventions.
China National Intellectual Property Administration
August 6, 2024
August 6, 2024