Measures for reduction and exemption of patent annual fee
Article 1 These Measures are formulated in accordance with the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) and related documents.
Article 2 Where it is really difficult for the applicant or patentee to pay the relevant patent fees, he may request the China National Intellectual Property Administration Patent Office (hereinafter referred to as the Patent Office) to postpone the payment of the relevant fees in accordance with these Measures.
Article 3 With the approval of the Patent Office, the following patent fees may be reduced or exempted:
1. application fee (including publishing and printing fee and application surcharge will not be slowed down);
2. Examination fee for application for patent for invention;
Annual fee (within three years from the year when the patent right is granted);
4. Maintenance fee for invention patent application;
5. Review fee.
Article 4 Where the applicant or the patentee is an individual, he may request that 85% of the application fee, examination fee and annual fee for an application for a patent for invention be deferred, and 80% of the maintenance fee and examination fee for an application for a patent for invention be deferred.
Where the applicant or the patentee is a unit, it may request a postponement of 70% of the application fee, examination fee and annual fee for an application for a patent for invention, and 60% of the maintenance fee and examination fee for an application for a patent for invention.
Where two or more individuals or individuals and units apply for a patent at the same time, they may request that 70% of the application fee, examination fee and annual fee for an application for a patent for invention and 60% of the maintenance fee and examination fee for an application for a patent for invention be deferred.
If more than two * * * units apply for a patent at the same time, the patent fee will not be slowed down.
Article 5 An applicant for a patent may, at the same time as filing a patent application, request a postponement of the payment of the five fees specified in Article 3 of these Measures. After the Patent Office accepts a patent application, the application fee will not be slowed down. The applicant or the patentee can only request to postpone the payment of the fees that have not yet expired, and shall make a request to postpone the payment of the fees two and a half months before the expiration of the relevant fee payment period.
Article 6 Where an applicant or patentee requests fee reduction, it shall submit a request for fee reduction, and attach relevant supporting documents when necessary.
The request for fee reduction shall be signed or sealed by all applicants or patentees.
Article 7 Where an individual requests a patent fee reduction or exemption, he shall truthfully fill in his annual income in the request for fee reduction or exemption, and when necessary, he shall provide a certificate issued by the patent administration department of the people's government at or above the municipal level to prove his financial difficulties.
Where two or more individuals * * * request for patent fee reduction and exemption, they shall truthfully fill in the annual income of each person in the request for fee reduction and exemption, and if necessary, provide the proof of their financial difficulties issued by the patent administration department of the people's government at or above the municipal level according to the requirements of the Patent Office.