Design renewal fees in China: costs, due dates and grace period
A registered design in China lasts up to 15 years from the filing date. The first renewal falls due before the end of year 1, and renewals then run every year. Miss one and you have 6 months to put it right, with a surcharge of up to 25% of the annual fee.
What are the design renewal due dates in China?
China protects a registered design for up to 15 years from the filing date. Renewal falls due every year, 14 times in all.
The first renewal falls due before the end of year 1, payable to CNIPA. It carries the design into year 2.
For example, if the filing date is 2015-03-15, the first renewal is due by 2016-03-15.
Each further renewal runs every year on the same basis, until the 15-year maximum is reached. There is no extension beyond it.
For example, protection can be kept alive until 2030-03-15, after which no further renewal is possible.
China is a member of the Hague System. A design registered nationally is renewed by paying CNIPA. Where protection instead comes from an international registration designating China, the renewal is paid directly to WIPO's International Bureau. WIPO registers designs and does not grant them, so CNIPA remains free to refuse protection under its own law.
A design registered here can be kept alive for at most 15 years. The first renewal falls due on 15 Mar 2016, and renewals then run every year, 14 in total. Miss one and you have 6 months to put it right with a surcharge, until 15 Sep 2016 in this example.
Official design renewal fees by year in China
Official fees payable to CNIPA, in CNY, charged every year the design stays on the register, up to year 15.
| Renewal | Official fee (CNY) | Cumulative (CNY) |
|---|---|---|
| Year 2 | 600 | 600 |
| Year 3 | 600 | 1,200 |
| Year 4 | 900 | 2,100 |
| Year 5 | 900 | 3,000 |
| Year 6 | 1,200 | 4,200 |
| Year 7 | 1,200 | 5,400 |
| Year 8 | 1,200 | 6,600 |
| Year 9 | 2,000 | 8,600 |
| Year 10 | 2,000 | 10,600 |
| Year 11 | 3,000 | 13,600 |
| Year 12 | 3,000 | 16,600 |
| Year 13 | 3,000 | 19,600 |
| Year 14 | 3,000 | 22,600 |
| Year 15 | 3,000 | 25,600 |
| Full term, years 2 to 15 | 25,600 | |
The annual fee for the year of grant, usually year 1 (CNY 600), is paid with the registration formalities. Years before the grant year are not charged.
The renewal fees for design patents in China vary depending on whether the design patent is a national registration or an international registration through the WIPO. For international registrations, fees also depend on the number of design patents in the application and whether it is a family registration. For national registrations, fees also vary depending on whether the applicant qualifies for reduced fees (e.g., individual inventors or small entities).
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Missed a design renewal deadline in China?
A six-month grace period runs from the due date. There is no surcharge in the first month; after that it is 5% of the annual fee for each further month, up to 25%. The 15-year term applies to design patents filed on or after 1 June 2021; earlier filings expire after 10 years. Once the grace period closes, the design patent lapses.
If the renewal due on 15 Mar 2016 is missed, the design stays recoverable for 6 months, until about 15 Sep 2016 in this example.
Design renewal fees in other jurisdictions
The same schedule, deadlines and grace rules, in the jurisdictions we are asked about most.
Looking for a different jurisdiction?
Design renewal fees and deadlines in every jurisdiction we cover.
Other IP renewals in China
Designs aren't the only rights that lapse without renewal. China also protects patents and trademarks. Each on its own schedule and fee scale.
Patents
Renewal deadlines, grace periods and official fees for patents in China.
Trademarks
Renewal terms and official fees for trademarks in China.
What happens to a Chinese design patent before it has been registered?
There are no annuities due in China before the patent is granted. Once the patent has been granted, annuities must be paid in accordance with the renewal interval described above under the section Due Dates.
When can I pay the renewal fee in China?
The renewal fee in China can be paid up to 1 month before the renewal due date. It is important to note that the renewal fee cannot be paid earlier than this. Any payments made before the opening of the payment window will result in the payment being rejected.
Can I renew a design patent after I miss a renewal due date?
Yes, it is possible to renew a Chinese design patent after its renewal due date. If you fail to pay the renewal fee before the due date, a grace period of 6 months is given wherein the renewal fees can still be settled. When entering the grace period you will incur a surcharge fee to be settled along with the renewal fee. If you wish to maintain the design patent, both the renewal fee and the surcharge fee will have to be settled. For example, if a design patent has a renewal due date of 2021-05-31 and the due date is missed, the design patent will enter the grace period from 2021-06-01. After this point both the renewal fee and the surcharge fee will need to be settled by 2021-11-30. Failure to pay these fees before the surcharge due date will result in the design patent lapsing.
How long do design patents last in China?
A design patent will stay in force for 15 years in China from the filing date if successfully renewed. Failure to pay the renewal fees will result in the design patent lapsing.
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