Insider’s look at legal services in China: IP Registration: Invention Patents (Time Frame & Typical Fees) (Part 13)
Time Frame for an Invention Patent
The total procedure depends on the project scope and national holidays, but the average project takes at least 32 months from the time the application is submitted to the point where the IP is protected.
Typical Fee Structure for an Invention Patent Registration in China
The following fees are listed in “RMB” which is the Chinese currency also known as “CNY” or “Chinese Yuan”. Payment may be made in any major currency at the day’s given exchange rate. Visit www.XE.com to check the exchange rate of your currency against the CNY.
| Government Fee | Lawyer Fee | Direct Project Expenses | Description |
| n/a | 1250 RMB | n/a | Search the government database to ensure the IP is not already registered by another party. |
| n/a | n/a | Depends on the project. Expenses will be approved in advance by client. As Invention Patents are more complex than other patents, the translation cost are usually around 5000RMB | Organize the technical translations |
| 1000 RMB | 8000 RMB | Direct project expenses such transportation and express mailing. In most cases, the project fees do not exceed 500 RMB. | Prepare all documents. Submit documents to relevant bureaus. Follow the application and update client as the application moves through the various bureaus. |
| 50 RMB | Gov’t surcharge for extended specifications. Per each page over 30 but under 300. If needed. | ||
| 100 RMB | Gov’t surcharge for extended specifications. Per each page over 30 but under 300. If needed. | ||
| 150 RMB | Additional per claim charge for Claims in excess of 10. If needed. | ||
| 500 RMB | 500 RMB | Filing a Request for Early Publication. If needed. | |
| 2500 RMB | 1000 RMB | Filing a Request for Substantive Examination. If needed. | |
| 1000 RMB | Filing and Preparing Response to an Official Request for Action from Government. If needed. | ||
| Project dependent | Project dependent | n/a | Inform customs authority of IP ownership, if applicable. This will help them prevent unauthorized shipments in the ports. If needed. |
Project expenses are invoiced at cost and a budget will be submitted to client for approval in advance. Receipts will be provided. No hidden charges.
Next in the series
Contracts & Purchase Orders (Part 14)
Dispute Resolution: Introduction & Process (Negotiations, Demand Letters & Litigation) (Part 15)
Dispute Resolution: Fee Structure (Negotiations, Demand Letters & Litigation) (Part 16)
Having a lawyer on retainer: Costs and Coverage (Part 17)
About the author: Mike Bellamy
Advisory Board Member & Featured Blogger at the not-for-profit China Sourcing Information Center (www.ChinaSourcingInfo.org). Author of “The Essential Reference Guide to China Sourcing” and founder of PassageMaker Sourcing Solutions.