Legal basis: Measures of People's Republic of China (PRC) Municipality on Reduction and Exemption of Patent Annual Fees.
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. According to article 3.
Article 3 With the approval of the Patent Office, the following patent fees may be reduced or exempted: application fee (including publication printing fee and application surcharge); 2. Examination fee for application for patent for invention; Annual fee (within six years from the year when the patent right is granted); 4. Review fee. According to article 4.
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. According to article 5.
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. According to article 6.
Article 6 Where an applicant or patentee requests fee reduction, it shall submit a request for fee reduction, and if necessary, it shall be accompanied by relevant supporting documents.