Official Fees for Patents in China: A Practical Overview

For foreign applicants and overseas associates preparing to file in China, one of the first practical questions is cost. This article sets out the official fees (guanfei) charged by the China National Intellectual Property Administration (CNIPA) for domestic filing and prosecution, annuities, PCT procedures, Hague designations and integrated circuit layout designs. All amounts are in Chinese Yuan (CNY) and follow the CNIPA fee schedule updated in August 2024.

China’s official fees remain moderate by international standards, and the fee-reduction scheme — available to individuals, small enterprises, public institutions and non-profit research bodies — can cut qualifying fees by up to 85%. For most foreign applicants, however, the practical planning questions are different: when fees fall due, how the annuity curve escalates, and where the PCT route saves money. The sections below address each of those points in turn.

1. Application-stage fees

Item Invention Utility model Design
Application fee CNY 900 CNY 500 CNY 500
Claims surcharge (from the 11th claim, per claim) CNY 150 CNY 150 CNY 150
Description surcharge (from page 31, per page) CNY 50 CNY 50 CNY 50
Description surcharge (from page 301, per page) CNY 100 CNY 100 CNY 100
Publication printing fee CNY 50
Priority claim fee (per priority) CNY 80 CNY 80 CNY 80
Substantive examination fee CNY 2,500

One feature worth flagging to clients: where an invention application has already entered substantive examination and the applicant voluntarily withdraws it before the deadline for responding to the first office action (unless a response has already been filed), 50% of the substantive examination fee may be refunded on request. This gives applicants a genuine exit option at the first substantive hurdle.

2. Reexamination and invalidation

Item Invention Utility model Design
Reexamination fee CNY 1,000 CNY 300 CNY 300
Invalidation request fee CNY 3,000 CNY 1,500 CNY 1,500

3. Annuities (annual fees)

Annuities are the largest lifetime cost for most Chinese patents, and the schedule is deliberately progressive: it rises steeply as a patent ages, which rewards disciplined portfolio pruning. An annuity falls due before the expiry of the previous year of the term; a late-payment surcharge of 5% of the full annual fee for the current year applies for each full month of delay.

Invention patents (20-year term)

Year Fee per year
1–3 CNY 900
4–6 CNY 1,200
7–9 CNY 2,000
10–12 CNY 4,000
13–15 CNY 6,000
16–20 CNY 8,000

Utility model patents (10-year term)

Year Fee per year
1–3 CNY 600
4–5 CNY 900
6–8 CNY 1,200
9–10 CNY 2,000

Design patents (15-year term)

Year Fee per year
1–3 CNY 600
4–5 CNY 900
6–8 CNY 1,200
9–10 CNY 2,000
11–15 CNY 3,000

4. Other procedural and post-grant fees

Item Fee
Restoration of rights request fee CNY 1,000
Extension of time limit — first request (per month) CNY 300
Extension of time limit — repeated request (per month) CNY 2,000
Recordal change fee (change of inventor, applicant or proprietor) CNY 200
Patent evaluation report request fee (utility model / design) CNY 2,400
Certified copy of a patent document (per copy) CNY 30
Patent term compensation request fee (per case) CNY 200
Patent term compensation annuity (per year) CNY 8,000

Two of these items are new categories that accompany the patent term extension and patent term adjustment mechanisms introduced by the 2023 amendment to the Implementing Regulations: a CNY 200 request fee for patent term compensation and an annuity of CNY 8,000 per year during any compensation period (no charge is made for a partial year). Both are relevant to pharmaceutical applicants in particular.

For batched transfers of patent applications or patents, the recordal change fee is charged according to the number of applications or patents involved. Where the same batch of applicants or proprietors changes its name without any transfer of rights, the fee is charged as a single case.

5. PCT fees

Where CNIPA acts as receiving Office, International Searching Authority or Preliminary Examining Authority, the following fees apply in the international phase:

Item Fee
Search fee / additional search fee CNY 2,100 each
Priority document fee CNY 150
Preliminary examination fee / additional preliminary examination fee CNY 1,500 each
Unity of invention objection fee CNY 200
Copy reproduction fee (per page) CNY 2
Late submission fee CNY 200
Restoration of rights request fee CNY 1,000

International filing fees and transmittal fees collected by CNIPA on behalf of the WIPO International Bureau follow the PCT Regulations and the RMB standards published on the WIPO website. A late-payment surcharge equals 50% of the unpaid amount; where that exceeds 50% of the international filing fee (excluding the additional filing fee), the surcharge is capped at 50% of the international filing fee.

On entry into the Chinese national phase, a grace fee of CNY 1,000, translation correction fees (CNY 300 at preliminary examination stage and CNY 1,200 at substantive examination stage), a unity restoration fee of CNY 900 and a priority restoration fee of CNY 1,000 apply. All other national-phase items follow the domestic schedule.

Two waivers deserve attention when advising PCT clients: (i) where the PCT application was filed with CNIPA as receiving Office and searched by CNIPA, the application fee and application surcharges are waived on entry into the Chinese national phase; and (ii) where CNIPA issued the international search report and the international preliminary report on patentability, the substantive examination fee is waived when substantive examination is requested at national-phase entry.

6. International design registrations designating China

Under the Hague System, international programme fees are paid directly to the International Bureau in Swiss Francs, while the following individual designation fees for China are payable to CNIPA in CNY:

Individual designation fee for China Amount
First instalment (first five-year term) CNY 4,100
Second instalment (second five-year term) CNY 7,600
Third instalment (third five-year term) CNY 15,000

National procedure fees for international design registrations designating China follow the domestic design schedule.

7. The fee reduction scheme

CNIPA operates a fee reduction scheme that is unusually generous by international comparison, and it is worth verifying eligibility before any payment is made:

Qualifying applicant Single applicant Two or more joint applicants
Individuals with average monthly income below CNY 5,000 (annual income below CNY 60,000) in the previous year 85% reduction 70% reduction
Enterprises with taxable income below CNY 1,000,000 in the previous year 85% reduction 70% reduction
Public institutions, social organisations and non-profit research institutions 85% reduction 70% reduction

The reduction covers the application fee (excluding the publication printing fee and application surcharges), the invention substantive examination fee, the reexamination fee, annuities for the first ten years counted from the year of grant (including annuities payable during an open-licensing period), and the first and second instalments of the individual designation fee for China. Where a patent is under open licence, annuities are further reduced by 15%; if an annuity qualifies under more than one reduction, the higher rate applies. Our practice note on the filing procedure is available in How to File for a Patent Application Fee Reduction.

8. Integrated circuit layout designs

For completeness, the schedule also covers layout designs of integrated circuits: registration fee CNY 1,000; reexamination request fee CNY 1,000; recordal change fee CNY 50 (per case); extension of time limit fee CNY 150 (per case); restoration of registration rights fee CNY 500; non-voluntary licence request fee CNY 150; and the fee for a ruling on remuneration for non-voluntary licence use CNY 150.

9. Practical takeaways for foreign applicants

  • Fees stay moderate, but the annuity curve is what matters. For invention patents the annual fee triples between years 4–6 and years 10–12, so portfolio reviews should be scheduled before each step-up.
  • Fee reductions are available to foreign-owned entities too. A Chinese subsidiary or a locally established entity meeting the income thresholds can obtain the 85% reduction on application, substantive examination and annuity fees.
  • The PCT route is where structure pays. Using CNIPA as International Searching Authority can waive both the national-phase application fee and the substantive examination fee.
  • Always verify before payment. Fee standards are adjusted periodically, and the operative figures are those published in the CNIPA online system.

Source and disclaimer

Source: China National Intellectual Property Administration (CNIPA), Patent Online Examination System — https://cponline.cnipa.gov.cn/. All figures follow the CNIPA fee schedule updated in August 2024 and are stated in Chinese Yuan (CNY). Amounts are subject to adjustment by the competent authorities; readers should confirm the current schedule before making any payment. This article is provided for general information only and does not constitute legal advice.

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