Circular of the National Development and Reform Commission and the Ministry of Finance on Issues Relating to the Annual Fee and Individual Designation Fee Standards for Design Patents
Fa Gai Jia Ge [2022] No.465
March 25, 2022
China National Intellectual Property Administration, local offices of the National Development and Reform Commission and departments/bureaus of finance of all provinces, autonomous regions, municipalities directly under the Central Government and cities specifically designated in the state plan; and local office of the National Development and Reform Commission and bureau of finance of Xinjiang Production and Construction Corps,
In accordance with the Patent Law of the People's Republic of China and the Circular of the National Development and Reform Commission and the Ministry of Finance on Matters Relating to the Addition of Individual Designation Fees to the Patent Fee Items (Cai Shui [2022] No. 13), the term of design patents is extended from 10 years to 15 years, and for applications for international registration or the renewal of international registration of design patents that designate China,
the applicants shall pay an individual designation fee. Issues related to the annual fee and individual designation fee standards for design patents as notified as below:
1. The annual fee standard for design patents in the 11th through 15th years of patent term shall be CNY3,000 per year.
2. The individual designation fee standards shall be: CNY4,100 for the first stage (1st-5th years), CNY7,600 for the second stage (6th-10th years), and CNY15,000 for the third stage (11th-15th years).
3. Any entity to collect the fees shall strictly implement the above provisions, and must not add fee items, expand the scope of fees to be charged or change the fee standards without proper authorization.
4. The price, finance and market regulation authorities shall step up the supervision and inspection of the implementation of this Circular, and impose legal penalties on those who fail to follow the fee standards as required.
5. The above provisions shall come into effect as of May 5, 2022.
