While a Chinese patent is in the pending application stage, no maintenance fees are due. Once a Chinese patent is granted, you are obliged to pay a recurring renewal fee to maintain the patent. The first annuity after the grant of a patent is paid within two months from the date of receipt of the Notice of Allowance from the Chinese Patent Office (CNIPA). The renewal due date for all subsequent renewals will fall on the anniversary of the filing date.
For example, if the filing date of a patent is 2006.12.18, and the grant date of the patent is 2012.06.26, you will only have to settle the first renewal fee starting from 2012.06.27 until 2012.08.26. The next annuity will be due on 2013.12.18 (from the anniversary of the filing date).
In China, there are other types of intellectual property for which you need to settle renewal fees. At PatentRenewal.com, we have all the necessary tools and procedures to ensure that they can be renewed through us.
Intellectual Property Type #1 - Chinese Designs
The duration of a design is 10 years from the date of filing. It is kept in force by paying the design maintenance fees.
Intellectual Property Type #2 - Chinese Utility Models
The duration of a utility model is 10 years from the date of filing. It is kept in force by paying the utility model maintenance fees.
Renewals of Chinese Patents are paid every year at different costs. For further clarification, please refer to the cost breakdown below.
Year-by-year Patent Renewal Fees at the Chinese Patent Office
The first renewal fee is paid after the patent has been granted in China.
The payment window opens six months before the maintenance fees are due. No renewal fees can be settled prior to this window opening.
It is currently mandatory to make use of a local agent or representative when renewing a Chinese patent.
There is a 6-month grace period given, whereby the maintenance fees can still be settled. When entering, you will incur an additional fee of 5%. The maximum percentage charged for entering the grace period is 25% of the annual maintenance fee total. Failure to settle this fee will lead to the patent being invalidated.
Prior to a patent being granted in China, it falls into what is known as the filing stage. A Chinese patent is typically published 18 months from the filing date. You will only start paying renewal fees in China when the patent becomes granted.
Once a Chinese patent is granted, you are responsible for maintaining and settling its renewal fees year - by - year. If you want to maintain the patent, the maintenance fees are mandatory, if not paid the patent will lapse. By settling the required maintenance fees, the patent is guaranteed to last for 20 years from the filing date.