On August 6, 2024, the Chinese National Intellectual Property Administration (CNIPA) introduced significant changes to intellectual property fees. These adjustments align with recent legislative amendments and the enforcement of various legal Notices, reflecting China’s ongoing commitment to refining its intellectual property framework.
Patent Fees Amendments
One of the key changes involves the introduction of a new fee structure for patent validity term compensation. Under the revised guidelines, a request for compensation for a patent validity term will now incur a fee of 200 RMB. If the request meets the necessary requirements upon assessment, an additional 8,000 RMB will be charged as compensation for each year of the patent right’s validity. Notably, no fees will be charged for periods of 12 months or less.
In addition to these changes, a 15% reduction has been implemented for patent annuity fees during the patent open licensing implementation phase. However, it is important to note that these fee reductions are enforceable separately and cannot be combined with other discounts or reductions.
Further, the CNIPA has introduced specific provisions for amending the name or denomination of a patent applicant or owner. When such amendments are made in bulk orders and do not involve the transfer of rights, the official fees will be charged per each change requested, simplifying the process for those managing multiple patents.
Changes to Industrial Design Fees
The amendments also extend to industrial design fees, particularly for applications filed under the Hague Agreement. The CNIPA has revised the first and second installments of the designation fees, allowing for potential reductions in specific cases. These changes are in accordance with several Notices, including:
- The “Measures for the Reduction of Patent Fees” (Cai Shui [2016] No. 78)
- The “Policies for Suspending, Exempting and Adjusting Certain Administrative Fees” (Cai Shui [2018] No. 37)
- The “Policies for Reducing Certain Administrative Fees” (Cai Shui [2019] No. 45)
These modifications are designed to make the process more cost-effective for applicants while maintaining the integrity of the IP system.
Updates on PCT Applications
The CNIPA has made notable adjustments to the fees associated with Patent Cooperation Treaty (PCT) applications. Specifically, all PCT applications filed with the CNIPA as the Receiving Office and subject to an international search are now exempt from the application fee and surcharge when entering the Chinese PCT national phase. Furthermore, PCT applications for which the CNIPA conducts an international search report or an international preliminary report on patentability will be exempt from the substantive examination fee when entering the Chinese national phase and requesting substantive examination.
These recent amendments by the CNIPA represent a significant shift in China’s approach to managing intellectual property costs. By reducing fees and simplifying processes, the CNIPA aims to encourage innovation and provide greater support to patent holders and applicants. As these changes take effect, it will be crucial for businesses and individuals involved in intellectual property to stay informed and adjust their strategies accordingly.
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