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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.



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. Mike is co-founder of CSA, the China Sourcing Academy.


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