Patent Types
Invention, Utility model, Design
Tips: In the application number, the first 4 digits represent the year in which the patent application is accepted, and the 5th digit represents the type of patent application: 1 - invention, 2 - utility model, 3 - design, 8 - invention patent (PCT International application entering the Chinese national phase), 9 - utility model (PCT International application entering the Chinese national phase).
Term of Protection
Invention, 20 years from the filing date
Utility model, 10 years from the filing date
Design, 10 years from the filing date (for applications filed before June 1, 2021)
15 years from the filing date (for applications filed on or after June 1, 2021)
Payment Deadline
The annual fee for the year in which the patent right is granted should be paid at the time of going through the formalities of registration, and the subsequent annual fees shall be paid before the expiration of the preceding year. The date on which the time limit for payment expires is the corresponding date of the current year to the filing date.
Grace Period
If the annual fee is not paid on time or the amount paid is insufficient, it can be paid within six months from the due date, along with late fine. If the payment is made after the specified period but is less than one month overdue, no late fine will be charged. If the payment is more than one month overdue, a late fine of 5% of the annual fee will be charged, up to a maximum of 25%.
Restoration Procedure
If the patentee fails to pay the annual fee as required, the patent office will issue a "Notice of Patent Right Termination". Within 2 months of receiving this notice, the patentee can request reinstatement by paying the annual fee, late fine, and restoration fee, and submitting a "Request for Restoration of Patent Rights" to the patent office.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
