Notice on Payment of Fees to the Compensation for the Term of Patent Right and Other Related Matters（2024-8）

In accordance with the relevant provisions of the Announcement on Adjusting Certain Patent Charging Standards and Payment Reduction Policies (No. 594) issued by the China National Intellectual Property Administration, in order to ensure that patent applicants, patentees and related parties handle relevant business in accordance with the law, we hereby notify the relevant matters as follows:

I. Regarding the payment of fees to the compensation for the term of patent right

If the patentee requested the patent term compensation before July 26, 2024, they shall make a supplementary payment to the request fees for the patent term compensation before October 26, 2024. If the patent term compensation request fee is not paid or not fully paid upon expiration, the patent term compensation shall not be granted.

Where the China National Intellectual Property Administration makes a decision to grant compensation for the patent term, the patentee shall pay the annual fee for the patent term compensation in a lump sum before the expiry of the 20 year term of the patent right according to the requirements of the decision on the approval of the patent term compensation.  The annual fee for the patent term compensation period is not subject to any late payment charge or restoration period, and is not applicable to the circumstances stipulated in the Measures for Reduction of Patent Fees and Charges to Be Reduced. If the annual fee for the patent compensation period is not paid or not fully paid upon expiration, the patent compensation period should not be granted.

II. Regarding the fee reduction for international applications entering the national phase

Where an international application accepted by the China National Intellectual Property Administration as the receiving office and for which the international search is conducted enters the national phase after July 26, 2024, the filing fee and the additional filing fee are waived upon entry into the national phase. 

Where an international application for which an international search report or an international preliminary report on patentability is made by the China National Intellectual Property Administration enters the national phase after July 26, 2024, the examination fee is waived when it enters the national phase and files a request for substantive examination.

International applications in other circumstances, which enter the national phase after July 26, 2024, should fully pay the application fees, application surcharges, substantive examination fees, and other related fees when entering the national phase, except for those that comply with the provisions of the Patent Fee Reduction Measures. 

III. Regarding the Payment of Application Fees for International Registration of Designs

In accordance with the provisions of Section 4.1, Chapter I, Part VI of the Guidelines for Patent Examination, if the party concerned pays the application fee for the international registration of the design to the International Bureau through the China National Intellectual Property Administration, it shall be notified separately after the China National Intellectual Property Administration and the World Intellectual Property Organization have agreed on relevant cooperation matters.

China National Intellectual Property Administration

August 6, 2024