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Collection of Patent Fee
(10/25/2007)

Shanghai Patent Agent of State Intellectual Property Office

Room 915, Floor 9, South Building, 333 Chengdubei Road

Monday-Friday: 9:00-11:30 am and 1:30-4:00 pm

52980138

Shanghai Intellectual Property Bureau

1. Patent fee for China domestic patent cases acted for by the applicant (patent owner) or agent will be accepted;

2. Patent fee for overseas or PCT-related patent cases will not be accepted. The overseas patent cases refer to the patent applications by non-Chinese citizens and by Hong Kong, Macau and Taiwan legal person.

3. Types of patent fees:

(1) Application fee for invention patent, utility model patent and Design patent (print fee will be included in innovation patent application fee);

(2) Surcharge for patent application (specification and patent claims);

(3) Substantive examination fee for invention patent;

(4) Patent registration fee (including stamp tax);

(5) Annual fee;

(6) Penalty fee for late payment of annual fee;

£¨7£İFee for request for recovery of patent right.

Patent fees to be paid face to face or through remittance by bank or post office will be accepted. The date of payment will be determined based on Patent Law of the PRC, Regulations on Implementation of Patent Law and other regulations.

1. As for face-to-face payment, the date of payment is the date the payer fulfills the payment. The payer should fill in the payment form properly. The payment form will work as the voucher.

2. As for remittance through bank, the date of payment is the date when remittance is fulfilled. The remittance form and remittance list will work as the voucher. In case of absence of necessary payment information (patent application number and type of fee) in remittance form, the date of payment will be the date when the correct information is received.

3. As for remittance through post office, the date of payment is the date when remittance is fulfilled. The copy of remittance form will work as the voucher. In case of absence of necessary payment information (patent application number and type of fee) in remittance form, refund will be conducted directly and there will no original date of remittance recorded.

4. Upon receipt of the payment, a four-sheet receipt will be printed out by the computer accounting system provided by Patent Bureau of State Intellectual Property Office. The first and the third sheets will be mailed to the Charging Section of Patent Bureau of State Intellectual Property Office, the second sheet will give or mail to the payer and the fourth sheet will be bond with voucher.

1. Applicant fills in the payment information as guided by the payment list.

2. The Agent collects payment and prints out receipt subject to the payment information.

3. The payer confirms the receipt and its contents.

4. The Agent posts the first and the third sheets of the receipt to the Charging Section of Patent Bureau of State Intellectual Property Office and fax the payment information to the Charging Section of Patent Bureau of State Intellectual Property Office.

Charge standard of patent application according to the No. 75 Proclamation issued by State Intellectual Property Office on January 15, 2001:

Domestic case:

(I) Application fee

1. Innovation patent 900

Printing fee 50

2. Utility model patent 500

3. Design patent 500

(II) Annual fee for invention patent 300

(III) Substantive examination fee for invention patent 2500

(IV) Reapplication fee

1. Invention patent fee 1000

2. Utility model patent 300

3. Design patent 300

(V) Change of bibliographic data

1. Change of inventor, applicant and patentee 200

2. Change of patent agent and agent relation 50

(VI) Priority claim 80

(VII) Fee for re-establishment of rights 1000

(VIII) Fee for cancellation of application

1. Invention patent fee 30

2. Utility model patent 20

3. Design patent 20

(IX) Fee for requesting invalidation

1. Invention patent 3000

2. Utility model patent 1500

3. Design patent 1500

(X) Fee for requesting for compulsory licensing

1. Invention patent 300

2. Utility patent 200

(XI) Fee for requesting a ruling on exploitation fee of a compulsory license 300

(XII) Fee for patent registration, printing and stamp tax

1. Invention patent 255

2. Utility model patent 205

3. Design patent 205

(XIII) Surcharges

1. Fee for requesting for the first extension of time limit 300/month

2000 Fee for requesting for more extension of time limit 2000/month

2. Surcharge for patent claims 150 additional on every item from the 11th item

3. Surcharge for specification 50 additional on every page from the 31st page (including attached drawings)

100 additional on every page from 301st page (including attached drawings)

(XIV) Annual fee

1. Invention patent

1-3 years 900

4-6 years 1200

7-9 years 2000

10-12 years 4000

13-15 years 6000

16-20 years 8000

2. Utility model patent

1-3 years 600

4-5 years 900

6-8 years 1200

9-10 years 2000

3. Design patent

1-3 years 600

4-5 years 900

6-8 years 1200

9-10 years 2000

Note: 1. Reduced and postponed fees are application fee, invention maintenance fee, invention examination fee, reexamination fee and annual fee within three years after authorization.

2. Ratios of reduced and postponed application fee, invention examination fee and annual fee within three years after authorization are 70% for service invention and 85% for non-service invention. The ratios of reduced and postponed invention maintenance fee and reexamination fee are 60% for service invention and 80% for non-service invention.