Introduction: patent authorization is not the end point, and normative preservation is the key
Patent authorization means only “tickets” that are protected by law, and in order to continue to enjoy exclusive rights, strict adherence to maintenance rules - in which annual fee payments are a core obligation - and attention to key matters such as the normative use of rights and changes in information. This paper gives attention to the elements of the whole process after the system has been dismantled to help patent holders avoid risks and maximize their patent value。
(i) clarify the boundaries of patent protection and regulate the use of patent marks
The scope of protection is subject to the “claims” authorized for publication, avoiding over-scope patent protection (e. G. The promotion of practical new patents as invention patents)
(b) when the product is marked by a patent, the patent number shall be indicated + “the patented product must be imitated” and the word “the patent” may not be marked without authorization (the violator may face administrative penalties)
3. When another person is licensed to use a patent, a written licence contract must be concluded and filed with the state intellectual property agency within three months, otherwise no third person of good faith may be confronted。
(ii) timely updating of written project information to ensure delivery of notifications
1. In the event of a change in the name, address, contact details, etc. Of the patentee, the applicant shall submit a statement of changes to the recorded items and related supporting documents (e. G. A business change notice) and the change shall not be subject to official fees
2. In the case of a commissioning agent, it is necessary to confirm the continuation of the agency relationship and to avoid missing official notice due to the expiration of the agency (e. G. A reminder of annual fee fees)。
(iii) proactive monitoring of violations and timely advocacy
1. The screening of counterfeit products on the market through the patent retrieval system of the national intellectual property agency, the tort monitoring tool for electric platforms
2. A lawyer's letter warning may be issued after a violation has been discovered, and consultations may not be addressed to the intellectual property directorate or brought before a court
A practical new type/specific design patent proposal to apply for an “appropriation report” in advance as key evidence of infringement of rights。
(iv) rational planning of patent layout and extension of protected value
Core technologies can build technical barriers through a combination of “core + peripheral patents”
An eligible patent may apply for an “open licence”, which allows for a licence fee to be imposed by another person and a 15 per cent additional relief on an annual fee
3. Prior to the period of patent protection, assess whether new patent applications are made through technological improvements that perpetuate technology monopoly advantages。
(v) retention of evidence relevant to technology to address potential disputes
1. Maintaining records of patent research and development, experimental data, product overlays for use in avoidance or tort litigation
2. To plan pct international applications or overseas patent layouts in a timely manner if international markets are involved in order to avoid loss of protection when technology is exported。
Iii. Total annual fee payment schedule: timing, modalities, criteria and reduction of (i) contribution period: bearing in mind the “prepayment period + grace period” to avoid delay
Anticipatory period: the annual fee for the year in which the patent is granted is payable at the time of registration and the annual fee for each year thereafter is paid in advance “within one month before the expiry of the previous year” (the patent year is counted from the date of application and does not relate to the natural year)
Example: the patent application date is 1 june 2023 and after authorization in 2024 the annual fee for 2025 is payable between 1 may and 31 may 2024。
The grace period: if advance payment is not made on time, it may be made “within six months from the date of expiry of the period of payment” and the period of grace shall be subject to payment of late payment
2. Alarm service: access to the patent operations system (cponline. Cnipa. Gov. Cn) provides a text message warning that the notification will be sent automatically 15 days before the annual fee expires and that applicants who do not have a delegated agent need to refine their representative's mobile phone number in advance。
(ii) the latest annual fee rate for 2026 (rmb/year)
Note: 1. The duration of patent protection for inventions is 20 years, the annual fee for 16-20 years is charged at $us 1000/year; 2. The useful new/looking design protection period is 10 years, with no annual fee after 11 years; 3. The annual fee for patent protection for inventions for 11-20 years is reduced by an additional 15 per cent during the period of implementation of open licences (at a higher rate at the time of overlap with the fee reduction policy)。
(iii) contributions: 4 official channels, easier e-payment
1. Online channels (recommended):
Proprietary operations processing system
Https://cponline. Cnipa. Gov. Cn)
Microtrust / paying treasure search "purpose payment" applet, input patent number contributions
Bank transfers (account name: national intellectual property office, patent office fee office, account opening bank: china bank, beijing, china)。
1. Underline channels:
The national intellectual property authority handles dealings in the halls or local offices
Mail contributions (at: no. 6, shibuya road, xiamen bridge, haidian district, beijing, ed. 100088)。
1. Proxy contributions: entrusted to a filing agent, with clear contribution liability and time limits in the contract。
(iv) annual fee relief policy: updated 2026 conditions and filing process
1. Subjects and conditions of relief:
(a) individuals: the average monthly income of the previous year was £5,000 ($60,000 per year), which is sufficient for students and retirees
Micro-enterprises: the amount of taxable income from the previous year is £1 million, and new enterprises are not required to provide tax returns
Co-applicants: all applicants must meet the above conditions。
1. Rate of relief:
Individual / microenterprises: 85% reduction (only 15% annual fee)
Multiple individual / msme joint application: 70% relief。
1. The filing process:
(b) access to the patenting operations processing system, entry into the fee reduction filing module, uploading of supporting documentation (individual: income certificate / school certificate; enterprise: business licence)
Qualifications can be prepared for the following year in four quarters, and are valid for the entire year after approval without having to apply on a case-by-case basis。
Serious consequences of non-payment of annual fees: outstanding within the grace period from demurrage to termination of patent rights: high demurrage payments
When paid within the six-month grace period, late payment is required for long periods of time and is calculated as follows:
Time lag
Rate of delayed gold
Example of calculation (year 3 of patent for invention, annual fee of $900)
1 month (include)
0%
900 yuan only
More than 1 month to 2 months (inclusive)
5%
900 x 5% = 45 yuan, total 945 yuan
More than 2 months to 3 months (inclusive)
10%
900 x 10% = 90 yuan, total 990 yuan
More than 3 months to 4 months
15%
900 x 15% = 135 yuan, total 1035 yuan
More than 4 months to 5 months inclusive
20%
900 x 20% = 180 yuan, total 1080 yuan
More than 5 months to 6 months (inclusive)
25%
900 x 25% = 225 yuan, total 1125 yuan
Note: in cases where multiple payments are insufficient, recalculated at the latest delayed hourly rate, the accumulated late payment does not exceed 25 per cent of the current annual fee。
(ii) excess of grace period: termination of patent
1. If an annual fee and a late payment has not been paid within the six-month grace period, the patent is terminated from the date of the expiration of the contribution, and the state intellectual property office will issue a termination notice
2. The termination of post-patent technology enters the public domain and is freely available to any entity or individual, and the patentee has no right to defend it。
(iii) remediation after termination of patent rights: only one restoration opportunity
1. If termination is caused by an unintentional omission, an application for reinstatement of the right may be submitted to the state intellectual property agency within two months of receipt of the notice of termination of patent rights
2. The request for restoration is required to be submitted and to pay one annual fee due; two full annual fees of 25 per cent; and three recovery claims of 1,000 yuan/petty
3. Exceptions: expires may be applied for indemnified by force majeure caused by earthquakes, major diseases, etc., and the relevant documentation (e. G. Hospital diagnosis, disaster certificate)
4. In the absence of an application for reinstatement for more than two months, the patent is completely lost and irreversible。
Recommendations for practical maintenance in 2026
1. Pre-planning costs: individuals / micro-enterprises must complete their fee reductions in the fourth quarter of each year, save 85 per cent of annual fee costs, new businesses need no tax certification and processes are easier
2. Multiple alarms: payment alerts in calendars, working software, in addition to official text message alerts (recommended 2 months, 1 month, 15 days each)
3. Regular monitoring of violations: quarterly screening of counterfeit products through electric power platforms, industry fairs, and evaluation reports on patent priority applications for practical, new and/or visual design, with a view to increasing the success of advocacy
4. Regulating the procedure for changes: to complete the writing of the project within 1 month of the change of name, address and to avoid missing official notice due to the lapse of contact
5. Reasonable access to open licences: irresistent patents may apply for open licences, with both the proceeds of the licence and an annual fee credit, extending the patent protection cycle。
