Announcement of the Patent Office of the People’s Republic of China
No.36
On September 4th, 1992, the 27th meeting of the 7th the NPC Standing Committee adopted the Decision on Amending the Patent Law of People’s Republic of China (PRC). On December 12th, 1992, the State Council approved the revision of the Detailed Rules for the Implementation of the Patent Law of People’s Republic of China (PRC). The revised patent law and its detailed rules for implementation shall come into force as of January 1, 1993. In accordance with the provisions of the revised Patent Law and its detailed rules for implementation, various patent law charging items and standards are hereby announced as follows.
Patent charging items and standards
(Unit: RMB)
(1) Application fee
(1) Application fee for invention patent (including printing fee of application documents 40): 340.
(2) Application fee for utility model patent: 200 yuan.
(3) Application fee for design patent: 160.
(2) Maintenance fee for application for patent for invention: 200 yuan per year.
(3) Examination fee for an application for a patent for invention: 800 yuan.
(4) Review fee
(1) Review fee for application for patent for invention: 400 yuan.
(2) Review fee for utility model patent application: 200.
(3) Review fee for patent application for design: 160.
(5) Handling fee for change of description items: 10.
(6) Priority claim fee: 50 per item.
(7) Claim fee for restoration of rights: 300 yuan.
(8) Fees for cancellation of requests
(1) Request fee for revocation of invention patent right: 30.
(2) Request fee for revocation of utility model patent right: 20.
(3) Request fee for revocation of design patent right: 20.
(nine) the request fee for invalidation
(1) Request fee for invalidation of invention patent right: 450.
(2) Request fee for invalidation of utility model patent right: 300 yuan.
(3) Request fee for invalidation of design patent right: 250.
(10) Compulsory license request fee
(1) Request fee for compulsory license of invention patent: 300 yuan.
(2) Request fee for compulsory license of utility model patent: 200.
(11) Request fee for adjudication of compulsory licensing fee: 100.
(12) Patent registration fee (including patent document printing fee of 40)
(1) Invention patent registration fee: 190.
(2) Utility model patent registration fee: 120.
(3) Design patent registration fee: 120.
(XIII) Surcharge
(1) Request fee for extension of time limit: 100 yuan per month.
(2) claim surcharge
From the eleventh item, the surcharge for each item is 20.
(3) Instruction Surcharge
If the description and drawings exceed 30 pages, the surcharge will be added to each page from page 31: 15.
If the description and drawings exceed 300 pages, the surcharge will be added to each page from page 301: 30.
(14) Annual fee
(1) Annual fee for invention patent
Every year from the first year to the third year: 400
Every year from the fourth to the sixth year: 600
Year 7 to year 9: 800 per year.
Every year from 10th to 12th year: 1,500.
Every year from 13th to 15th year: 3,000.
Sixteenth to twentieth years each year: 6000
(2) Annual fee for utility model patent
Every year from the first year to the third year: 200
Every year from the fourth year to the fifth year: 400
Every year from the sixth to the eighth year: 600
Year 9-10: 800
(3) Annual fee for design patent
Every year from the first year to the third year: 100
Every year from the fourth to the fifth year: 200
Every year from the sixth to the eighth year: 400
Year 9 to 10: 600 per year
(15) Objection fee
(1) Objection fee for invention patent application: 30.
(2) Objection fee for utility model patent application: 20.
(3) Objection fee for patent application for design: 20.
(16) Renewal fee for the validity of the patent right for utility model or design: 100 yuan.
The charging items and standards of this patent shall be implemented as of January 1, 1993. However, the fees in Item 15 above are only applicable to patent applications that have been announced before December 31st, 1992 in accordance with Articles 39 and 40 of the Patent Law before the amendment, but have not been granted the patent right; The fee in item 16 above is only applicable to the patent right granted according to the patent application filed before December 31st, 1992.
It is hereby announced.
Note 1: Foreign applicants and foreign patentees shall pay the above fees in foreign currency after converting them into foreign exchange rates at the time of payment.
Note 2: The years listed in item 14 above are counted from the date of application in China.
Note 3: the surcharge for instructions and claims is part of the application fee.
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