PCT申请人指南——国家篇——中国
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PCT Applicant’s Guide – National Phase – National Chapter – CN Page 1
STATE INTELLECTUAL PROPERTY OFFICE OF THE PEOPLE’S REPUBLIC OF CHINA
AS DESIGNATED (OR ELECTED) OFFICE
TABLE OF CONTENTS
THE ENTRY INTO THE NATIONAL PHASE—SUMMARY THE PROCEDURE IN THE NATIONAL PHASE ANNEXES Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Request for entry into the national phase . . . . . . . . . . . . . . . . . . . . . . . Request for examination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power of attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fees (applicable in the HKSAR only) . . . . . . . . . . . . . . . . . . . . . . . . Request to record a designated patent application for a standard patent . . . . Request for registration of a designated patent and grant of a standard patent Request for grant of a short-term patent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Annex CN.I Annex CN.II Annex CN.III Annex CN.IV Annex CN(HK).I Annex CN(HK).II Annex CN(HK).III Annex CN(HK).IV
List of abbreviations: Office: CPL: CPR: HKSAR: IPD: Ordinance: State Intellectual Property Office of the People’s Republic of China Patent Law of the People’s Republic of China Implementing Regulations of the Patent Law of the People’s Republic of China Hong Kong Special Administrative Region of the People’s Republic of China Intellectual Property Department of the HKSAR Patents Ordinance (Cap. 514)
(14 January 2010)
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PCT Applicant’s Guide – Volume II – National Chapter – CN Page 3
SUMMARY
Designated (or elected) Office
SUMMARY
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STATE INTELLECTUAL PROPERTY OFFICE OF THE PEOPLE’S REPUBLIC OF CHINA
Summary of requirements for entry into the national phase
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Time limits applicable for entry into the national phase:1 Translation of international application required into:1, 2 Required contents of the translation for entry into the national phase:1, 2
Under PCT Article 22(1): 30 months from the priority date Under PCT Article 39(1)(a): 30 months from the priority date Chinese Under PCT Article 22: Request, description, claims (if amended, both as originally filed and as amended, if the applicant wishes the amendments to form the basis for the proceedings, together with any statement under PCT Article 19), any text matter of drawings, abstract Under PCT Article 39(1): Description, claims, any text matter of drawings, abstract (if any of those parts has been amended, both as originally filed and as amended by the annexes to the international preliminary examination report, if the applicant wishes the amendments to form the basis for the proceedings) The applicant should only send a copy of the international application if he has not received Form PCT/IB/308 and the State Intellectual Property Office of the People’s Republic of China has not received a copy of the international application from the International Bureau under PCT Article 20. This may be the case where the applicant expressly requests an earlier start of the national phase under PCT Article 23(2). In the HKSAR, the applicant should send a copy of the international application as published by the International Bureau and a copy of the international application as published by the State Intellectual Property Office of the People’s Republic of China if the international application was not published in Chinese in the international phase. [Continued on next page]
Is a copy of the international application required?1, 2
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1
2
The People’s Republic of China established the Hong Kong Special Administrative Region of the People’s Republic of China (HKSAR) on 1 July 1997. The HKSAR operates an independent Patent Registry and all matters relating to the grant, administration or litigation in relation to patents are decided in Hong Kong according to the HKSAR’s Patent Ordinance. Patents granted by the State Intellectual Property Office of the People’s Republic of China are not automatically protected in Hong Kong but the grant of a patent by the State Intellectual Property Office of the People’s Republic of China can form the basis for patents in the HKSAR. In order to obtain patents via the PCT, the applicant must designate China. See paragraphs CN.17 to CN.20 of the chapter concerning the State Intellectual Property Office of the People’s Republic of China, in Volume II of the PCT Applicant’s Guide, for details of the national phase before the Intellectual Property Department (IPD) of the HKSAR. Must be furnished within the time limit applicable under PCT Article 22 or 39(1).
(21 June 2007)
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Page 4 PCT Applicant’s Guide – Volume II – National Chapter – CN
SUMMARY
Designated (or elected) Office
SUMMARY
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STATE INTELLECTUAL PROPERTY OFFICE OF THE PEOPLE’S REPUBLIC OF CHINA
[Continued] Currency: Yuan renminbi (CNY) For a patent: Filing fee:4 Application publication fee: Fee for priority claims, per priority:4 Maintenance fee, per year:5 Examination fee:6 For a utility model: Filing fee:4 Fee for priority claims, per priority:4
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National fee:3
CNY 900 CNY 50 CNY 80 CNY 300 CNY 2,500 CNY CNY 500 80
Exemptions, reductions or refunds of the national fee:3
No application fee is payable if the international application has been filed with the State Intellectual Property Office of the People’s Republic of China as receiving Office. The examination fee is reduced by 20% where an international search has been carried out by the Japan Patent Office, the Swedish Patent and Registration Office or the European Patent Office. The examination fee is reduced by 50% where an international search has been carried out by the State Intellectual Property Office of the People’s Republic of China. No examination fee is payable if the international preliminary examination has been carried out by the State Intellectual Property Office of the People’s Republic of China. Name of the inventor if it has not been furnished in the “Request” part of the international application8 Instrument of assignment of the priority right where the applicants are not identical8 Instrument of assignment of the international application if the applicant has changed after the international filing date Appointment of an agent Translation to be furnished in two copies Evidence concerning exceptions to lack of novelty if the applicant claims such exceptions in respect of the international application Furnishing, where applicable, of a nucleotide and/or amino acid sequence listing in electronic form [Continued on next page]
Special requirements of the Office (PCT Rule 51bis):3, 7
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3 4 5 6 7 8
See footnote 1. This fee is due within the time limit applicable under PCT Article 22 or 39(1). This fee is due within 25 months from the international filing date; where PCT Article 39(1) applies, it is due within 30 months from the priority date if that time limit expires later. This fee is due within three years from the priority date. If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation. This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.
(21 June 2007)
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PCT Applicant’s Guide – Volume II – National Chapter – CN Page 5
SUMMARY
Designated (or elected) Office
SUMMARY
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STATE INTELLECTUAL PROPERTY OFFICE OF THE PEOPLE’S REPUBLIC OF CHINA
[Continued]
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Who can act as agent?9 Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?
Any of the patent agencies designated by the Office. A list of patent agencies may be obtained from the Office.
No
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9
See footnote 1.
(21 June 2007)
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PCT Applicant’s Guide – National Phase – National Chapter – CN Page 5
THE PROCEDURE IN THE NATIONAL PHASE
CN.01 FORM FOR ENTERING THE NATIONAL PHASE. The Office has available a special form for entering the national phase (see Annex CN.II). This form should preferably (but need not) be used when effecting the payment of the national fee and for the furnishing of the translation of the international application into Chinese. CN.02 TRANSLATION (CORRECTION). Errors in the translation of the international application can be corrected with reference to the text of the international application as filed (see National Phase, paragraphs 6.002 and 6.003). CN.03 FEES (MANNER OF PAYMENT). The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex CN.I.
CPL Art. 35-39
CN.04 REQUEST FOR EXAMINATION. The Office examines patent applications as to substance only upon a request for examination and the payment of an examination fee which must be effected within three years from the priority date. The amount of the examination fee is indicated in Annex CN.I. A copy of the form for requesting examination is contained in Annex CN.III. CN.05 POWER OF ATTORNEY. An agent must be appointed by filing a power of attorney. A model is given in Annex CN.IV. CN.06 AMENDMENT OF THE APPLICATION; TIME LIMITS. With regard to an international application for a utility model, the applicant may file a request with the Office to amend the description, drawings and claims within one month from the date of entry into the national phase. With regard to an international application for a patent of invention, the applicant may amend the application on his own initiative at the time when a request for examination is made, and within three months after the receipt of the notification of the Office that the application has entered into examination as to substance. CN.07 INSTRUMENT OF ASSIGNMENT. The applicant is presumed to have the right to file the international application and therefore no instrument of assignment is required if the international application is filed by an entity for an employee invention made by an inventor who is an employee of that entity. After the application is filed, an instrument of assignment is required for each change if there is any change in the person of the applicant.
CPR Rule
16
PCT Art. CPR Rules
28 41 51 109
PCT Art.
17(3)(b) 34(3)(c)
CN.08 SPECIAL FEE IN CASE OF LACK OF UNITY OF INVENTION. Where a part of the international application was not subjected to international search or preliminary examination because the international application did not comply with the requirement of unity of invention and the applicant did not pay the additional search or preliminary examination fee to the International Searching or Preliminary Examination Authority, the Office will decide whether the said finding as regards the application translated into the Chinese language was correct. If this is found to be the case, the Office will invite the applicant to pay a special fee within the time limit fixed in the notification of this decision. The amount of the said fee is indicated in Annex CN.I. Where the applicant does not pay the special fee, that part of the international application which was not subjected to international search or preliminary examination will be considered withdrawn. CN.09 MAINTENANCE FEES. The maintenance fees shall be paid as from the beginning of the third year, unless a patent is granted before that date, in which case maintenance fees shall be paid for all consecutive years following the international filing date at the time when the application goes through the formalities of registration of the grant of patent right. The amount of the maintenance fee is indicated in Annex CN.I.
CPR Rules
94-95
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CPL Art. CPR Rules 43 54 55-96
PCT Applicant’s Guide – National Phase – National Chapter – CN
CN.10 ANNUAL FEES. The first annual fee must be paid within two months from the receipt of the notice from the Office of the grant of the patent. All subsequent annual fees must be paid in advance within the month before the anniversary of the international filing date. If the annual fee is not paid or not paid in full, the Office will invite the applicant to pay it within six months from the expiration of the time limit due, with a surcharge. Where the annual fee is not paid within the prescribed time limit, the patent shall be deemed lapsed from the expiration of the time limit within which the annual fee should have been paid. The amounts of the annual fees are indicated in Annex CN.I. CN.11 REVIEW UNDER ARTICLE 25 OF THE PCT. The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase. Where an international application is considered withdrawn, the applicant may request reconsideration by the Office. CN.12 EXCUSE OF DELAYS IN MEETING TIME LIMITS. Reference is made to paragraphs 6.022 to 6.027 of the National Phase. If the applicant fails to perform the acts necessary for entry into the national phase within the prescribed time limit of 30 months, he may perform the required acts before the expiration of a time limit of 32 months from the priority date, provided that he pays a surcharge for late entry into the national phase. CN.13 Where, because of force majeure, after having performed the acts necessary for entering the national phase, the time limit prescribed in the CPL or the CPR or specified by the Office is not observed, resulting in the loss of any right, the applicant may request restoration of the application within two months from the date of the removal of the impediment, or, at the latest, within two years from the expiration of the time limit. Such a request should be accompanied by a statement of reasons for the failure to meet the time limit and any relevant supporting documents. Where, because of any justified reason, the time limit prescribed in the CPL of the CPR or specified by the Office is not observed, resulting in the loss of any right, the applicant may state the reasons and request the Office to restore his rights, within two months from the date of receipt of a notification from the Office. UTILITY MODEL. If the applicant wishes to obtain a utility model instead of a China, on the basis of an international application, for international applications filed January 2004, this must have been indicated in the international application (in V of the request) when filed; for international applications filed on or after 1 January 2004, since the request form no longer provides for the furnishing of such an indication, the applicant, when performing the acts referred to in PCT Article 22 or 39, shall so indicate to the Office. CN.15 The requirements for the national phase are basically the same as for patents, except that for utility models a drawing must be furnished and no examination as to substance is carried out. An international application for a patent may not be converted into a utility model application, and vice versa.
PCT Art. PCT Rule CPR Rule PCT Art. PCT Rule CPR Rule
25 51 115 24(2) 48(2) 82bis 51
CPR Rule
7
CPR Rules PCT Rules
39 CN.14 40 49bis.1 patent in (a) and (b) before 1 76.5 Box No.
CPL Art. CPR Rules
41 58-63
CN.16 APPEALS. Where an international application is rejected in the national phase, the applicant may, within three months from the date of receipt of the notification, request reexamination by the Patent Reexamination Board and pay a reexamination fee. CN.17 HOW TO GET PROTECTION IN THE HKSAR. Patent protection for HKSAR can only be obtained on the basis of an international application in which China has been designated and which has validly entered the national phase before the State Intellectual Property Office of the People’s Republic of China. The further procedure before the IPD of the HKSAR is laid down in the Patents Ordinance (Cap. 514).
Ordinance Sec. 16
CN.18.01 STANDARD PATENT. Section 16 of the Ordinance provides for a standard patent based on an international application designating China. CN.18.02 FORM FOR RECORDING AN APPLICATION FOR A STANDARD PATENT. For recording an application for a standard patent the use of the specified form is required. The form “Request to Record a Designated Patent Application for a Standard Patent” can be downloaded from the IPD website (https://www.wendangku.net/doc/7f13352268.html,.hk/ipd).
(14 January 2010)
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PCT Applicant’s Guide – National Phase – National Chapter – CN
Ordinance Sec. 16
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CN.18.03 DOCUMENTS FOR RECORDING AN APPLICATION FOR A STANDARD PATENT. In addition to the form specified under paragraph CN.18.02, the applicant has to file: (i) a photocopy of the international application as published by the International Bureau; (ii) a photocopy of the international application published by the State Intellectual Property Office of the People’s Republic of China if the international application was not published in Chinese in the international phase; (iii) a photocopy of any publication of information by the State Intellectual Property Office of the People’s Republic of China concerning the international application. CN.18.04 SPECIAL REQUIREMENTS OF THE STANDARD PATENT. The applicant has to file: (i) in both Chinese and English: the title of the invention, the abstract and the bibliographic data; (ii) the name of the inventor if it has not been furnished in the “Request” part of the international application; (iii) a statement explaining the entitlement to apply for the grant of a standard patent and the prescribed documents supporting that statement. CN.18.05 FEES (MANNER OF PAYMENT). The manner of payment of the fees indicated in this chapter is outlined in Annex CN(HK).I.
Ordinance Sec. 15
CN.18.06 TIME LIMITS FOR MEETING THE REQUIREMENTS. An application for a standard patent (“Request to Record”) and the documents specified under paragraph CN.18.03 may be filed at any time within six months from the date of the Chinese national publication; or if the international application was published in Chinese in the international phase, they may be filed at any time within six months from the date of the issuance of the National Application Notification (PCT/CN 503) by the State Intellectual Property Office of the People’s Republic of China. The filing and advertisement fees shall be payable within one month after the earliest filing of the “Request to Record.” CN.18.07 ADDRESS FOR SERVICE. The applicant is not required to appoint an agent but he is required to have an address for service in the HKSAR. The address so furnished shall be treated for the purpose of the application as the address of the applicant. If the applicant appoints an agent, his agent is required to provide the address in the HKSAR where he resides or carries out his business activities.
Ordinance Sec. 23
CN.18.08 REQUEST FOR REGISTRATION AND GRANT. Where a “Request to Record” has been recorded in the register and has been published and the “Request to Record” is not refused or deemed withdrawn or abandoned and a patent has been granted by the State Intellectual Property Office of the People’s Republic of China, the applicant shall request the registration and grant of a standard patent. CN.18.09 REQUIREMENTS FOR THE REQUEST FOR REGISTRATION AND GRANT. The applicant has to file within six months after the date of grant by the State Intellectual Property Office of the People’s Republic of China or the publication of the “Request to Record,” whichever is later: (i) the form “Request for Registration of a Designated Patent and Grant of a Standard Patent”; (ii) a verified copy of the specification of the granted patent published by the State Intellectual Property Office of the People’s Republic of China; (iii) a statement indicating the derivation of the applicant’s right to request registration and the prescribed documents supporting that statement if the applicant is not the same as the one recorded on the register. The filing and advertisement fees shall be paid within one month after the earliest filing of the “Request for Registration and Grant.”
Ordinance Sec. 23
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Ordinance Sec. 33
PCT Applicant’s Guide – National Phase – National Chapter – CN
CN.18.10 MAINTAINING APPLICATION FOR A STANDARD PATENT. A fee is payable for maintaining a standard patent application which has not matured to registration. This maintenance fee becomes payable on the expiration of the fifth year (and any succeeding year thereafter) calculated from the date specified in the Ordinance. The specified date is the anniversary (i.e., one year after) of the international filing date first occurring after the date of publication of the “Request to Record” in the HKSAR. Failure to pay the maintenance fee leads to the patent application being deemed withdrawn and abandoned. However, if the applicant pays the maintenance fee and the additional fee within six months after the specified maintenance fee due date, the patent application shall be treated as if it had not been withdrawn or abandoned. CN.18.11 RENEWAL FEES. A standard patent may be kept in force by payment of a renewal fee. The first renewal fee becomes payable on the expiration of the third year calculated from the date specified in the Ordinance. Thereafter, the renewal fee must be paid before the expiration of each succeeding year. The specified date is the anniversary (i.e., one year after) of the international filing date of the standard patent first occurring after the date of grant of the patent in the HKSAR. Failure to pay the renewal fee leads to the patent ceasing to have effect. However, if the proprietor pays the renewal fee and the additional fee within six months after the specified renewal fee due date, the patent shall be treated as if it had never expired. CN.19.01 SHORT-TERM PATENTS. Section 125 of the Patents Ordinance provides for a short-term patent based on an international application designating China and seeking protection for a utility model. (i) The level of inventiveness required for a short-term patent is the same as that for a standard patent. (ii) The term of a short-term patent is shorter than for a standard patent. It shall remain in force for a period of eight years from the international filing date, subject to payment of the renewal fee. CN.19.02 FORM FOR FILING AN APPLICATION FOR A SHORT-TERM PATENT. For filing the application for a short-term patent the use of the specified form is required. The form “Request for Grant of a Short-Term Patent” can be downloaded from the IPD website (https://www.wendangku.net/doc/7f13352268.html,.hk/ipd).
Ordinance Sec. 39
Ordinance Sec. 113 124
CN.19.03 REQUIREMENTS FOR FILING AN APPLICATION FOR A SHORTTERM PATENT. In addition to the form specified under paragraph CN.19.02, the applicant has to file: (i) a photocopy of the international application as published by the International Bureau; (ii) a photocopy of the international search report (whether contained in the international application as published or separately published); (iii) a photocopy of any publication of information by the State Intellectual Property Office of the People’s Republic of China concerning the international application; (iv) the date of the issuance of the National Application Notification by the State Intellectual Property Office of the People’s Republic of China. CN.19.04 SPECIAL REQUIREMENTS FOR A SHORT-TERM PATENT. The applicant has to file: (i) in both Chinese and English: the title of the invention, the abstract and the bibliographic data; (ii) the name and address of the inventor if they have not been furnished in the “Request” part of the international application; (iii) a statement indicating the derivation of the entitlement to exercise the right to the short-term patent. CN.19.05 FEES (MANNER OF PAYMENT). The manner of payment of the fees indicated in this chapter is outlined in Annex CN(HK).I.
(14 January 2010)
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PCT Applicant’s Guide – National Phase – National Chapter – CN
Ordinance Sec. 113 124
Page 9
CN.19.06 TIME LIMITS FOR MEETING THE REQUIREMENTS. An application for a short-term patent and the documents specified under paragraph CN.19.03 may be filed at any time within six months from entry into the national phase before the State Intellectual Property Office of the People’s Republic of China. The filing and advertisement fees shall be payable within one month after the earliest filing of the application. CN.19.07 ADDRESS FOR SERVICE. The applicant is not required to appoint an agent but he is required to have an address for service in the HKSAR. The address so furnished shall be treated for the purpose of the application as the address of the applicant. If the applicant appoints an agent, his agent is required to provide the address in the HKSAR where he resides or carries out his business activities.
Ordinance Sec. 125
CN.19.08 RENEWAL FEES. The term of a short-term patent is eight years from the international filing date, subject to payment of the renewal fee. A renewal fee is payable if the proprietor wants to have his short-term patent in force for a further period of four years after the expiration of the fourth year from the international filing date. Failure to pay the renewal fee leads to the short-term patent ceasing to have effect. However, if the proprietor pays the renewal fee and the additional fee are paid within six months after the specified renewal fee due date, the patent shall be treated as if it had never expired. CN.20 RESTORATION. The Ordinance provides for the restoration of standard patent applications and patents, and the restoration of short-term patents.
(14 January 2010)
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PCT Applicant’s Guide – Volume II – National Chapter – CN Annex CN.I, page 1
FEES
(Currency: Yuan renminbi) Patents Filing fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application publication fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Additional filing fee: — for each sheet of the description in excess of 30 sheets . . . . . . . . . . . . . . . — for each sheet of the description in excess of 300 sheets . . . . . . . . . . . . . . . — for each claim in excess of 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fee for priority claims, per priority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Surcharge for late entry into the national phase . . . . . . . . . . . . . . . . . . . . . . . . . Handling fee for rectifying errors in translation in the preliminary examination phase Handling fee for rectifying errors in translation in the substantive examination phase . Restoration fee for unity of invention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fee for correcting priority claim . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Handling fee for change of bibliographic data: — for change of applicant, inventor or patentee . . . . . . . . . . . . . . . . . . . . . . — for change of agency or agent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fee for requesting restoration of rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Examination fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fee for requesting extension of time limit: — first time, per month . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . — second time, per month . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Maintenance fee, per year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fee for requesting invalidation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Re-examination fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fee for requesting compulsory license . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fee for requesting adjudication on exploitation fee of compulsory license . . . . . . . . Registration fee, printing fee and stamp fee . . . . . . . . . . . . . . . . . . . . . . . . . . . Annual fees: — for the 1st to the 3rd years, per year . — for the 4th year . . . . . . . . . . . . . . — for the 5th year . . . . . . . . . . . . . . — for the 6th year . . . . . . . . . . . . . . — for the 7th year . . . . . . . . . . . . . . — for the 8th year . . . . . . . . . . . . . . — for the 9th year . . . . . . . . . . . . . . — for the 10th year . . . . . . . . . . . . . — for the 11th year . . . . . . . . . . . . . — for the 12th year . . . . . . . . . . . . . — for the 13th to the 15th years, per year — for the 16th to the 20th years, per year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 900 50 50 100 150 80 1,000 300 1,200 900 300 200 50 1,000 2,500 300 2,000 300 3,000 1,000 300 300 Utility models 500 — 50 100 150 80 1,000 300 1,200 900 300 200 50 1,000 — 300 2,000 — 1,500 300 200 300
255
900 1,200 1,200 1,200 2,000 2,000 2,000 4,000 4,000 4,000 6,000 8,000
205
600 900 900 1,200 1,200 1,200 2,000 2,000 — — — —
(22 December 2005)
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Annex CN.I, page 2 PCT Applicant’s Guide – Volume II – National Chapter – CN
How can payment of fees be effected? All fees must be paid to the State Intellectual Property Office of the People’s Republic of China through the agency appointed by the applicant.
(22 December 2005)
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PCT Applicant’s Guide – Volume II – National Chapter – CN Annex CN.II, page 1
(1 January 2002)
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Annex CN.II, page 2 PCT Applicant’s Guide – Volume II – National Chapter – CN
(1 January 2002)
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PCT Applicant’s Guide – Volume II – National Chapter – CN Annex CN.II, page 3
(1 January 2002)
(January 1995)
CN(HK)
PCT Applicant’s Guide – Volume II – National Chapter – CN(HK) Annex CN(HK).I, page 1
FEES
(Currency: Hong Kong dollar) Patents Form No. P1 Description On reference to the Registrar the question as to who may apply for grant of a standard patent or a licence or whether the period or terms of a licence are reasonable . . . . On application for authorization by the Registrar to carry out directions under Section 13(3)(c) or 13(4) of the Patents Ordinance on behalf of the person to whom the directions were given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . On filing of notice of opposition or counterstatement . . . . . . . . . . . . . . . . . . . . . . . . . On filing request to record a designated patent application . . . . . . . . . . . . . . . . . . . . . . Advertisement fee for request to record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Additional fee for late payment of filing fee or advertisement fee for request to record . . . . On filing request for registration of a designated patent and grant of a standard patent . . . . Advertisement fee for request for registration and grant . . . . . . . . . . . . . . . . . . . . . . . . Additional fee for late payment of filing fee or advertisement fee for request for registration and grant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . On filing application for grant of a short-term patent . . . . . . . . . . . . . . . . . . . . . . . . . Advertisement fee for application for grant of a short-term patent . . . . . . . . . . . . . . . . . Additional fee for late payment of filing fee or advertisement fee for application for grant of a short-term patent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . On request for correction of an error under Section 51(2)(b)(ii) or 146 of the Patents Ordinance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Request for publication of a corrected translation . . . . . . . . . . . . . . . . . . . . . . . . . . . . Maintaining application for standard patent: — application for maintenance for a further year after the expiry of the 5th year . . . . . . . . — application for maintenance for any succeeding year thereafter . . . . . . . . . . . . . . . . . Additional fee for late payment of maintenance fee . . . . . . . . . . . . . . . . . . . . . . . . . . Renewal of a standard patent: — request for renewal for a further year after the expiry of the 3rd year . — request for renewal for any succeeding year thereafter . . . . . . . . . Additional fee for late payment of a renewal fee for a standard patent . . Renewal of a short-term patent . . . . . . . . . . . . . . . . . . . . . . . . . . Additional fee for late payment of a renewal fee for a short-term patent . Amount
190
P1A
190 325 380 68 95 380 68 95 755 68 95
P2 P4
P5
P6
P7
135 190
P9
270 270 95
P10
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. . . . .
. . . . .
. . . . .
. . . . .
. . . . .
. . . . .
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. . . . .
540 540 270 1,080 270
P12
Restoring an application for a standard patent which was deemed withdrawn due to non-payment of maintenance fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restoring a lapsed standard patent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restoring a lapsed short-term patent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
405 405 405
(28 February 2005)
CN(HK)
Annex CN(HK).I, page 2 PCT Applicant’s Guide – Volume II – National Chapter – CN(HK)
Patents Form No. P13
Description Additional fee for reinstatement of a deemed withdrawn patent application . . . . . . . . . . . . Additional fee for restoration of rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mention of inventor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Extension fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Penalty fee for late filing of translation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amount 405 405 135 215 190
P14 SP3
(28 February 2005)
CN(HK)
PCT Applicant’s Guide – Volume II – National Chapter – CN(HK) Annex CN(HK).II, page 1
P4-1
P4
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(28 February 2005)
CN(HK)
Annex CN(HK).II, page 2
03
PCT Applicant’s Guide – Volume II – National Chapter – CN(HK)
P4-2
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(28 February 2005)