China
PATENT ANNUITIES COUNTRY GUIDE
About this Guide
This series of Spotlight Articles developed by the Astria team, shares insights into patent annuity country rules and formalities, based on key Patent Offices (PTO) jurisdictions Worldwide. Astria’s software-enabled payments service combines; leading intuitive software, IP data integrity and outstanding paralegal services, within one solution.
This article highlights China, a key market for many of Wellspring’s clients.
China Patent Overview
In China, the first renewal payment is due once the patent has been granted, typically alongside the grant fee. Local patent agents generally manage the payment of both fees to facilitate the grant process. It is essential for clients to inform Astria as soon as their patent is granted. Upon notification, Astria will handle the renewal payments for the following year and each subsequent years until the patent expires. Note that renewal fees are not required for Pending applications.
Once the patent is granted, Astria will calculate the renewal fees from the application date for the upcoming year.
To ensure accurate calculation of Chinese patent renewals in Astria, it is essential to have both the application date and the grant date recorded in the system, alongside the application number and grant number. The application date allows Astria to track the start of the renewal timeline accurately, while the grant notification triggers the initiation of annual renewal payments from the first renewal period following the grant date through to patent expiry.
China
Patent Office
Renewal Process
Patent Applications
The figure below shows the number of patents granted to both Chinese and foreign multinational enterprises (MNEs) over time. While the patent count for foreign MNEs remains consistently higher and appears to grow at a faster rate, this steady upward trend for foreign MNEs begins in the late 1990s, while for Chinese MNEs, it starts in the early 2000s.
However, in the final years of the sample period, the number of patents for foreign MNEs stabilises, whereas patents for Chinese MNEs show a sharp decline beginning around 2006.
Patent Renewal Rules
As mentioned, renewals in China are only payable after the patent grants. If a patent application has a filing date of 20/11/2019 and is granted on 06/08/2024, the 6th year renewal fee would be due on 20/11/2024. This is because the agent would have covered the first annual fee (5th year) at the time of grant.
Astria displays the routine renewal payment deadline for renewals in China. Organisations do have the option through Astria to pause payment, as it is still possible to pay the renewal during the grace period.
There is a 6-month grace period, with late fees applied by the PTO in China. If the patent is not paid by the due date, the patent can still be renewed within the grace period. Astria clients can view the flat-rate, official late fee increases in the portal to help decide when to pay a Chinese renewal.
Effortless IP Renewals with Astria
ensuring confidence in your renewal deadlines, data integrity, and process management.