When are patent application fees calculated?

The time for payment of patent application fees is: within 2 months from the date of application or within 15 days from the date of receipt of the acceptance notice. And if the payer fails to pay or fails to pay in full within the aforementioned period, the patent application shall be deemed to have been withdrawn.

Legal Basis

Article 95 of the "Implementing Rules for the Patent Law of the People's Republic of China"

The applicant shall have 2 days from the date of application Pay the application fee, publication printing fee and necessary application surcharge within the month or within 15 days from the date of receipt of the acceptance notice; if the payment is not made within the time limit or is not paid in full, the application will be deemed to be withdrawn.

If the applicant claims priority, he shall pay the priority claim fee at the same time as the application fee; if the application fee is not paid upon expiration or is not paid in full, it shall be deemed that priority has not been claimed.