China: Guidance On The Regulations Of Reducing Patent Fees In China

By Qi Liu, Yan Wang, Xiaowei Zhang

The Ministry of Finance and the National Development and Reform Commission (NDRC) released New Regulations on Reducing Patent  Fees for Qualified Applicants. The new Regulations on Reducing Patent Fees came into force on September 1st, 2016 in China. As of the effective date, individuals or entities who meet the eligibility criteria prescribed by the Regulations could enjoy an 85% or 70% reduction of fees for processing a patent application, which is limited to certain items of official fees.

With the new regulations coming into force, foreign persons and entities may now enjoy reduction of patent fees upon meeting certain criteria. The following introduction will probe into the details of the Regulations.

1. Who can Request?

-  Individuals, whose average monthly salary is no more than RMB3, 500 (about USD522), or whose personal annual income is no more than RMB42, 000 (about USD6,269) in the last calendar year (i.e. a year starting from Jan.1 and ending on Dec.31 );

-  Enterprises, whose taxable annual income is no more than RMB300,000 (about USD44,776) in the last calendar year;

-  Public Institutions, Social Groups and Non-profit Public Research Organizations.

If the Chinese patent or patent application is co-owned by two or more co-applicants, all the applicants shall meet the above-mentioned requirements respectively.

(The above equivalent US fees are for your reference and will be subject to the floating exchange rate)

2. Which fees are reduced?

The reduction of patent fees is directed to so called official fees set forth by the SIPO, and in particular:

Filing fees (excluding publication fee and any surcharge);
Fee for initiating substantive examination (applied solely to patent applications for invention);
Fee for re-examination;
Annuities (for six consecutive years since the grant of a Chinese patent, including the one due in the registration fees);

For Chinese nationalization entry of a PCT application, the applicant(s) could only enjoy the reduction on fee items c) and d).

3. How much is reduced?

If a Chinese patent/application is owned by one single owner, the sole owner can receive 85% reduction of related official fees prescribed in the above item (2). If a Chinese patent/application is co-owned by two or more owners, the co-owners can receive 70% reduction of related official fees.

4. How to Request?

Normally, two steps are to be taken for the applicant to request the Patent Fees Reduction: 1) Recording the qualification for the Fee Reduction, and 2) filing the Fee Reduction Request for an individual case. Please kindly find the detailed information regarding the two procedures as follows:

4.1. Recordal of qualification

As of Sept.1, 2016, firstly, all individuals and entities which are qualified for official fees reduction, shall record their qualification through the SIPO's online service system with submission of necessary documents. Once the Recordal is permitted upon examination, the SIPO will issue a recordal number.

The recordal, upon effect, could remain effective for a calendar year, within which the applicant/patentee could file a request for the official fees reduction for all its target patents/applications filed in or before this year case by case, by quoting the recordal number. To renew any recordal after this calendar year, the request shall be filed again, with the same required documents.

As for foreign individuals and entities, Chinese agents shall be designated to make such recordal. In light of current practice, we would like to list the necessary documents for foreign individuals and entities to make this recordal as follows:

-    Individuals: notarized copies of his or her ID, e.g. passport, and the taxable income certificate from the local Tax Department, showing that the person's annual income in the last calendar year is under the amount equivalent to RMB42,000 (USD6,269). If there is no taxable income certificate, the attestation made by the local public notary with the testimony on this person's annual income is required.

Enterprises: notarized copies of Business Certificate and the Annual Taxable Income Certification from the local Tax Department, showing that the entity's taxable income in the last calendar year is under the amount equivalent to RMB300,000 (USD44,776);

Public Institutions, Social Groups and Non-profit Public Research Organizations: notarized copy of the Certificate attesting its legal status.

-   The originally executed Powers of Attorney by the applicant(s).

Please note that, all the notarized documents mentioned above should be further legalized by the local Chinese embassy or consulate. And the full Chinese translation thereof is required.

4.2 Request on a case-by-case basis

Within the calendar year, in which the recordal of the official fees Reduction remains effective, the request for official fees reduction for a specific case could be made either:

- Together with filing the new Chinese patent application for all the official fees mentioned in the above item (2); or,

- before two and half months from the payment deadlines of any of the official fees mentioned in the above item (2). (b), (c) and (d) for pending or granted cases. But the official fees already paid before the request for reduction of official fees could not be reduced, neither the official fees due within two and half months from the request.

Once the reduction request on a case-by-case basis is approved, no further request is needed to effect the official fee reduction for this case in its remaining lifespan.

However, an ownership change may affect the reduction of the subsequent official fees. For instance, as to a case with ownership change due to the merger or assignment after filing, the surviving entity or the assignee, even having obtained a recordal number for reduction, after the completion of the recordal of the ownership change at the SIPO, shall file the request for Official Fees Reduction for the same Chinese case again. Otherwise, the new owner(s) could not enjoy the reduction of the subsequent official fees cited in above item (2). b), c) and d), if any.

If you would like to know more about the Official Fee Reduction Regulations, or have any questions thereon, please never hesitate to contact us. The above introduction is for your information only and shall not be interpreted as formal attorney's advice.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


From time to time Mondaq may send you emails promoting Mondaq services including new services. You may opt out of receiving such emails by clicking below.

*** If you do not wish to receive any future announcements of services offered by Mondaq you may opt out by clicking here .


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.