Everything you need to know about paying your patent renewal fees in China (People's Republic of China)

How to Renew a Patent in China?

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 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 18.12.2006 and the grant date of the patent is 26.06.2012. You will only have to settle the first renewal fee starting from 27.06. 2012 till 26.08. 2012. The next annuity will be due renewal on 18.12.2013 (from the anniversary of filing date).

Renewal fees by intellectual property type‍

In China, there are three kinds of intellectual property types for which you need to settle renewal fees for.

Intellectual Property Type #1 - Chinese Patents‍

The renewal fees for a granted Chinese patent application is payable to the Chinese Patent Office (CNIPA).

Intellectual Property type #2 - 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. An article on Chinese designs is coming soon, until then reach out to us at contact@patentrenewal.com.

Intellectual Property type #3 - 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. An article on Chinese Utility Models is coming soon, until then reach out to us at contact@patentrenewal.com.

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Written and Edited by Kumari Rupali Bansal & Christina Botes

Patent Renewal Fee Intervals in China‍

Renewals of Chinese Patents are paid every year at different costs. For further clarification, please refer to the cost breakdown to the right;

Year-by-year Patent Renewal Fees at the Chinese Patent Office

Patent Year	Official renewal fee for patent (CNY)
1	900
2	900
3	900
4	1 200
5	1 200
6	1 200
7	2 000
8	2 000
9	2 000
10	4 000
11	4 000
12	4 000
13	6 000
14	6 000
15	6 000
16	8 000
17	8 000
18	8 000
19	8 000
20	8 000

Chinese patent renewal fees FAQ

When is the first patent renewal fee due in China?

‍‍The first renewal fee is paid after the patent has been granted in China.

What are the due dates and payment windows?

The payment window opens six months before the maintenance fees are due. No renewal fees can be settled prior to this window opening.

Do I need assistance from the local council?

‍‍It is currently mandatory to make use of a local agent or representative when renewing a Chinese patent.

Can I renew a patent after I miss a renewal deadline?

‍‍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.

What happens to the patent before it has been granted?

‍‍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.

How long do patents last in China?

‍‍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.