Notice from the Ministry of Finance and the National Development and Reform Commission on Adjusting and Optimizing Patent Fee Policies

2024-07-29
The China National Intellectual Property Administration, the financial departments (bureaus) and development and reform commissions of provinces, autonomous regions, municipalities directly under the Central Government and cities specifically designated in the state plan, the financial bureau and development and reform commission of Xinjiang Production and Construction Corps:

In order to implement the relevant provisions of the Patent Law of the People's Republic of China and its implementation rules, the following notice is hereby issued regarding the adjustment and optimization of patent fee policies:


1、 The patentee shall pay the patent term compensation request fee when requesting patent term compensation.
If the request for patent term compensation meets the conditions for term compensation after examination, the annual fee for patent term compensation shall be paid.

The request fee for patent term compensation and the annual fee for patent term compensation belong to the sub items of patent fees, and the full income is turned over to the central treasury and included in the central financial budget management. The specific collection method shall be implemented in accordance with the relevant regulations on centralized collection management of the national treasury. Fill in the government revenue and expenditure classification account general public budget revenue "patent fees" (103043401) account when paying into the treasury.


2、 During the period of patent open license implementation, the patent annual fee will be reduced by 15%. If other patent fee reduction policies are also applicable, the most favorable policy can be chosen, but it cannot be enjoyed repeatedly.


3、 Through the Hague Agreement on the International Registration of Industrial Designs, the first and second designated fees paid for international design applications in China can be reduced in accordance with the provisions of the "Notice of the Ministry of Finance and the National Development and Reform Commission on Issuing the Measures for Reducing Patent Fees" (Caishui [2016] No. 78), the "Notice of the Ministry of Finance and the National Development and Reform Commission on Policies for Suspending, Exempting, and Adjusting Some 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 Some Administrative Fees" (Caishui [2019] No. 45).


4、 If the applicant's (or patentee's) name or title is changed through a batch request for changes in recorded items, and there is no transfer of rights involved, the recorded item change fee shall be paid for each change.


5、 This notice shall come into effect from the date of publication.


Ministry of Finance, National Development and Reform Commission
July 15, 2024


(Source: Official website of the Ministry of Finance of the People's Republic of China)

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