Pursuant to the Notice of the Ministry of Finance and the National Development and Reform Commission on Adjusting and Optimizing the Patent Fee Policy (CaiShui [2024] No. 23) and the Notice of the National Development and Reform Commission and the Ministry of Finance on Matters Related to the Annual Fee Standard for the Compensation Period of Patent Rights (FaGaiJiaGe [2024] No. 1156), the China National Intellectual Property Administration (CNIPA) hereby announces the adjustment of certain patent fee standards and reduction policies from the date of issuance of these notices. The relevant matters are announced as follows:
1. The patentee, upon filing a formal application for compensation of the patent term, shall be mandated to pay a statutory fee for such application, set at RMB 200 per instance. Upon satisfactory review, confirming that the application for compensation of the patent term meets all prescribed eligibility criteria, the patentee shall be liable to pay an annual fee for the duration of the compensated patent term, with the statutory rate fixed at RMB 8,000 per instance per annum. It is expressly stated that no fee shall accrue for any period less than a full year.
2. During the implementation period of open licensing for patents, a 15% reduction in annual patent fees shall be granted. Where other patent fee reduction policies are also applicable, the patentee may choose to apply the most favorable policy, but shall not enjoy multiple reductions concurrently.
3. The first and second instalments of individual designation fees paid for international design applications entering China through the Hague Agreement Concerning the International Registration of Industrial Designs may be reduced in accordance with the relevant provisions of the Notice of the Ministry of Finance and the National Development and Reform Commission on Printing and Distributing the “Measures for Reduction of Patent Fees” (CaiShui [2016] No. 78), the Notice of the Ministry of Finance and the National Development and Reform Commission on Suspending, Exempting, and Adjusting Policies Related to Certain Administrative Fees (CaiShui [2018] No. 37), and the Notice of the Ministry of Finance and the National Development and Reform Commission on Policies for Reducing or Exempting Certain Administrative Fees (CaiShui [2019] No. 45).
4. For changes to the name of the applicant (or patentee) made through a request for batch changes to bibliographic data, and where no transfer of rights is involved, the fee for changes to bibliographic data shall be paid based on one change.
5. The annotation section of Attachment 2 to the Notice of the National Development and Reform Commission and the Ministry of Finance on Reissuing the Administrative Fees Standards of the National Intellectual Property Administration and Other Related Issues (FaGaiJiaGe [2017] No. 270) is hereby revised to read as follows: “International patent applications (PCT applications) received and subjected to international search by the China National Intellectual Property Administration (CNIPA) as the Receiving Office are exempt from paying the filing fee and additional filing fee upon entering the national phase in China. PCT applications for which CNIPA has issued an international search report or an international preliminary report on patentability are exempt from paying the substantive examination fee when entering the national phase in China and requesting substantive examination. Other fee standards for PCT applications entering the national phase in China shall be in accordance with domestic regulations.”
6. The fees collected by the China National Intellectual Property Administration (CNIPA) on behalf of organizations such as the World Intellectual Property Organization (WIPO) and other countries and regions shall be subject to the fee standards and reduction regulations agreed upon by CNIPA with the aforementioned organizations, countries, and regions, or in accordance with relevant international treaties.
（Translated from https://www.cnipa.gov.cn/art/2024/8/6/art_74_194102.html ）
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