FAQs about Renewing Chinese Patents


1.For Chinese patents, when does the annual fee start to be paid?

The first annual fee for the year of grant shall be paid as the patent certificate fee. The subsequent annual fees are due before the anniversaries of the filing date each year.


2.Are maintenance fees required whilst a patent application is still pending?

No. There are no maintenance fees before a patent right is granted. Once the patent is granted, annual fees must be paid.


3.Can annual fees be paid for multiple years, even all annual fees at once?

It's possible to pay annual fees for multiple years, even all annual fees in a single day. However, if there are later increases in the official fee schedule, supplementary payments must be required to cover the differences.


4.After paying annual fees, does the payer receive anything which evidences the payment has been made?

After the payment is made, an electronic official receipt from CNIPA is typically received within a few days. Additionally, you can self-inquire about payment information on the official website, and payment order records can be checked via the payment system.


5.How can we determine the earliest year with unpaid annual fees?

By visiting the official website (https://cpquery.cponline.cnipa.gov.cn/chinesepatent/index) and entering the application number or publication number, you can find the relevant payment information.


6.What happens if an annual fee is not paid for a specific year?

If an applicant fails to pay the annual fee before the due date (anniversaries of the filing date), the patent will enter into the six-month penalty period. The first month is penalty-free, and the penalty increases by 5% of the annual fee monthly from the second month.

If the applicant still fails to pay or pay in full the annual fee and the penalty, a Notification of Termination of Patent Right will be issued approximately one month after the expiration of the penalty period. The applicant can request for restoration of right within two months from the date of receiving the notification.The payment of annual fee and penalty should be made along with the restoration request.

If the applicant still fails to restore the right within two months of receiving the notification, the patent right shall be handled to be invalid. The patent right shall be terminated from the date on which the time limit for payment of the annual fee expires.