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China is part of the World Intellectual Property Organization (WIPO). In order for a WIPO design patent to be enforced in China, the design patent must be granted by the WIPO. During the application process, renewal fees are not due. Once a design patent is granted, the renewal fee is paid to the WIPO. The lifespan that apply to a national Chinese design patent also apply to a WIPO design patent, which will be described in detail below.
Renewal fees in China must be paid by certain dates to either the WIPO or to the China National Intellectual Property Administration (CNIPA), depending on where the design patent was filed.
In this section you will find a description of how these renewal due dates are calculated, both the very first renewal due date and all subsequent renewal due dates.
If the design patent was filed at the WIPO, once granted, the first renewal is paid in the fifth year from the filing date, to the WIPO.
For example, if the grant date is 2022-01-20, and the filing date is 2020-03-01, the first renewal must be paid by 2025-03-01.
After the first renewal has been paid, all subsequent renewals must be paid every 5 years. The due date should be the month and date corresponding to the filing date.
For example, if the filing date was on November 9, then all subsequent annuities will be due on November 9 every five years.
If the design patent was filed at the China National Intellectual Property Administration (CNIPA), no annuities are due throughout the application process. The first renewal is paid 2 months after the grant date to the China National Intellectual Property Administration (CNIPA).
For example, if the grant date is 2022-01-20, then the first renewal must be paid by 2022-03-20.
After the first renewal has been paid, all subsequent annuities must be paid annually on the anniversary of the filing date. The due date should be the month and date corresponding to the filing date.
For example, if the filing date was on November 9, then all subsequent annuities will be due on November 9 each year.
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In China, design patents are just one form of intellectual property. Other important IP rights include patents and trademarks. Explore our patent and trademark renewal pages for country-specific guidance and official fee information.
If you need any help renewing design patents, patents or trademarks and are looking for a cost-efficient solution, get in touch with us.
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).
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.
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.
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.
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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