Chapter 11: 2025 Fee Schedule and Fee Reduction Policy

The following fee schedule reflects the current CNIPA fee structure as of 2025, including recent updates introduced in August 2024. All fees are denominated in Chinese Yuan (CNY).

11.1 Application Fees

11.2 Substantive Examination Fee

11.3 Registration and Publication Fees

11.4 Reexamination and Invalidation Fees

11.5 Annual Fees for Invention Patents

11.6 New Fees (Effective August 2024)

Note: The patent term compensation request fee applies to applications where the patent term is extended due to unreasonable delays in the examination process. The compensation period annual fee is charged for each year of the compensation period.

11.7 Fee Reduction Eligibility

An 85% fee reduction applies to individual applicants and small enterprises (annual taxable income under CNY 1 million, with fewer than 100 employees for manufacturing enterprises or fewer than 10 employees for non-manufacturing enterprises). A 75% reduction applies when multiple applicants jointly file and all qualify for the 85% reduction. The reduction applies to application fees, examination fees, reexamination fees, and annual fees.

11.8 Open License Annual Fee Reduction

Patentees who declare an open license are eligible for a 15% reduction in annual fees during the open license period. This reduction is applied after any other applicable reductions. For example, a small enterprise with an open license would pay: CNY 900 x 15% (85% reduction) x 85% (15% open license reduction) = CNY 114.75 for Years 1-3.

With a clear understanding of the fee structure, foreign applicants must also navigate specific requirements unique to their status. The final chapter addresses these special considerations.

Chapter 12: Special Requirements for Foreign Applicants

12.1 Patent Agency Requirement

Foreign applicants (including individuals and entities without a habitual residence or business establishment in China) must file patent applications through a qualified Chinese patent agency. The agency must be registered with CNIPA and employ patent attorneys with valid practice certificates. This requirement applies to all patent-related proceedings, including filing, examination responses, reexamination, and invalidation.

12.2 Language Requirements

All patent applications filed with CNIPA must be in Chinese. If a PCT application enters the national phase in a language other than Chinese, a Chinese translation must be submitted within the prescribed time limit. The translation must be complete and accurate, as the Chinese text serves as the basis for examination and enforcement.

12.3 Priority Documents

Under the Paris Convention, foreign applicants may claim priority based on a first filing in another member country. The priority claim must be made at the time of filing, and a certified copy of the priority document must be submitted within 3 months. For PCT applications entering the national phase, the priority document is typically transmitted by the International Bureau.

12.4 Security Examination for Inventions Completed in China

If an invention was completed in China, the applicant must obtain a security clearance from CNIPA before filing a patent application abroad. This requirement applies to all inventions involving Chinese nationals or created using Chinese resources. Failure to obtain security clearance may result in the loss of patent rights and potential administrative penalties.

12.5 Fee Reduction for Foreign Applicants

Foreign applicants may qualify for fee reductions if they meet the criteria for small enterprises or individuals. However, the determination of small enterprise status is based on Chinese standards, which may differ from those of the applicant's home country. Foreign applicants should consult with their Chinese patent agency to confirm eligibility.

12.6 Special Considerations for PCT Applicants

PCT applicants entering the Chinese national phase should note: the deadline for entry is 30 months from the priority date; a Chinese translation of the international application must be submitted; amendments to the claims may be made at the time of entry; and the applicant must designate a Chinese patent agency if they do not have a habitual residence or business establishment in China.

12.7 2025 Examination Guidelines Updates for Foreign Applicants

The 2025 Patent Examination Guidelines revision introduced several provisions affecting foreign applicants, including: updated requirements for same-day dual filing declarations; clarified standards for AI-related inventions; and refined inventiveness assessment criteria. Foreign applicants should ensure their Chinese patent agencies are fully familiar with these updates.

Navigating the Chinese patent system as a foreign applicant requires careful attention to agency requirements, language rules, and security examination obligations. Working with experienced local counsel is essential to ensuring compliance and maximizing the chances of successful patent protection in China.

Appendices

Appendix A: Useful CNIPA Links

China Patent Electronic Application System (CPEA): https://cponline.cnipa.gov.cn/ | China Patent Search System (CPSS): https://pss-system.cponline.cnipa.gov.cn/ | CNIPA Fee Schedule: https://www.cnipa.gov.cn/ | Patent Examination Guidelines: https://www.cnipa.gov.cn/ | Patent Reexamination Board: https://reexam.cnipa.gov.cn/

Appendix B: Glossary

CNIPA = China National Intellectual Property Administration | CPEA = China Patent Electronic Application System | CPSS = China Patent Search System | PRB = Patent Reexamination Board | PPH = Patent Prosecution Highway | SEP = Standard-Essential Patent | FRAND = Fair, Reasonable, and Non-Discriminatory | FTO = Freedom to Operate | PCT = Patent Cooperation Treaty | OA = Office Action (Examination Opinion)

Appendix C: Report Disclaimer

This report is prepared by IPspeedy for informational and educational purposes only and does not constitute legal advice. Chinese patent laws and practices are subject to continuous change. For specific matters, please consult a qualified Chinese patent attorney or agent. The fee information in this report is based on the CNIPA fee schedule current as of 2025. CNIPA may adjust fees at any time; please refer to the official CNIPA website for the latest information.

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