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Abstract

In chinese Law, "invention-creations" mean inventions, utility models and designs.

"Invention" means any new technical solution relating to a product, a process or improvement thereof. 

"Utility model" means any new technical solution relating to the shape, the structure, or their combination, of a product, which is fit for practical use. 

"Design" means any new design of the shape, the pattern or their combination, or the combination of the colors with shape or pattern, of a product, which creates an aesthetic feeling and is fit for industrial application.

Procedure

(1)Filing Receipt (1-2 Weeks After Application);

(2)Preliminary Examination By The Office;

(3)Publication Of The Patent(18 Months After Application);

(4)Substantive Examination By The Office;

(5)Issuance Of Patent Certificate.

In smooth condition, the issuance of the certification usually takes around 2-3 years.

Patentability

Any invention or utility model for which patent right may be granted must possess novelty, inventiveness and practical applicability. 

Novelty means that, before the date of filing, no identical invention or utility model has been publicly disclosed in publications in the country or abroad or has been publicly used or made known to the public by any other means in the country, nor has any other person filed previously with the Patent Administration Department Under the State Council an application which described the identical invention or utility mode1 and was published after the said date of filing.

Inventiveness means that, as compared with the technology existing before the date of filing, the invention has prominent substantive features and represents a notable progress and that the utility model has substantive features and represents progress. 

Practical applicability means that the invention or utility model can be made or used and can produce effective results. 

Schedule

Patents for Invention Official Fees(CNY) Attorney Fees(CNY)
101 Filing an Application (Including Publication Fee) 950 4500
102 Filing a PCT Application for National Phase Entry
a) Filing Fee (Including Publication Fee) 950 4500
b) Surcharge for Late National Phase Entry within the Grace Period 1000 2800
103 Filing a Divisional Application (Including Publication Fee) 950 4000
104 Additional Charge for Specification Including Drawings
in Excess of 30 Pages, Per Page
in Excess of 300 Pages, Per Page

50
100

-
-
105 Additional Charge for Claims in Excess of 10, Per Claim 150 50
106 Filing Request for Earlier Publication - 300
107 Filing Request for Substantive Examination 2500 1300
108 Filing Request for Re-examination 1000 4500
109 Patent Certificate Fee (Including Printing Fee and Stamp Tax) Annual Fee of Current Year 700
110 Filing Request for Invalidation 3000 5800
112 Fee for Viability Report
a) Microorganisms (Per Strain)
b) Cell Lines, Animal and Plant Viruses (Per Strain)

50 USD
70 USD

*
*
113 Fee for Providing Samples of Microorganisms
a) Microorganisms (Per Strain)
b) Cell lines, Animal and Plant Viruses (Per Strain)

30 USD
50 USD

*
*
114 Quarantine 50USD *
115 Application Maintenance Fee (Per mouth) 300 270
116 Annual Fees Per Annual
1st to 3rd year 900 450
4th to 6th year 1200 540
7th to 9th year 2000 630
10th to 12th year 4000 720
13th to 15th year 6000 810
16th to 20th year 8000 900
117 Delayed Payment of Annual Fee or Maintenance Fee Within Six Months +25% surcharge 450
118 Restoring the unity of the invention for PCT application 900 2000
Fees in General Official Fees(CNY) Attorney Fees(CNY)
401 Registration of Change of Bibliographic Data for Inventor, Applicant 200 700
402 Claiming Priority
a) Claiming Single Conventional Priority
b) Additional Charge for Each Additional Priority

80
80

540
360
403 Recording a Transfer of a Patent Right 200 1200
404 Translation Fee (Per 100 Original Words or Characters)
a) From English into Chinese
b) From Japanese into Chinese
c) From German, Russian or French into Chinese

-
-
-

140
100
200
405 Preparing observation on the office action - Hourly basis
406 Assuming representation during re-examination or invalidation - Hourly basis

Remark *: It is charged by actual cost.