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Patent Protection and Intellectual Property Enforcement in China

Guidelines for Entrepreneurs

Which intellectual property objects are protected and where are they registered

In China, the following IP objects are protected:

inventions
utility models
designs
trademarks (including collective and certification marks)
geographical indications and appellations of origin
layout‑designs of integrated circuits

The China National Intellectual Property Administration (CNIPA) is responsible for their registration.

How to find a patent attorney?

For trademarks

Foreign applicants with no business domicile in China shall entrust a trademark agency established in accordance with the law. The list of approved trademark agencies:

For patents, utility models and industrial designs

Foreigners, foreign enterprises or other foreign organisations without habitual domicile or business office in mainland China must appoint a legally formed patent agency. The list of approved agencies is available on the CNIPA website

International filing systems

International filing systems provide a unified registration procedure that allows an applicant to file a single application and subsequently obtain legal protection for IP objects in the designated member states (after passing national examinations).

To obtain legal protection in China, foreign applicants may use international registration systems for inventions, utility models, industrial designs, trademarks, geographical indications, or appellations of origin of goods.

IP Objects

INVENTIONS

UTILITY MODEL

INDUSTRIAL DESIGNS

TRADEMARKS

IP Objects Comparison and Fees

Table IP Objects Comparison

Parameter:	Invention	Utility Model	Industrial Design	Trademark
Registration	Mandatory	Mandatory	Mandatory	Mandatory
Minimum cost	3,400 CNY (filing 900 + substantive exam 2,500)	500 CNY (filing)	500 CNY (filing)	270 CNY (e‑filing, 1 class)
Term of protection validity	20 years	10 years	15 years	10 years (renewable)
Maintenance / Renewal	Annual fees (see fee table below)	Annual fees	Annual fees	Renewal every 10 years (450–500 CNY)
International systems	PCT	PCT	Hague	Madrid
Legal sources	Patent Law	Patent Law	Patent Law	Patent Law

Patent Fee Schedule - Domestic (In CNY)
Detailed information about fees can be found through the following link

I. Filing Fee
1. Invention	900
2. Utility Model	500
3. Design	500
II. Additional Fee for Filing an Application
1. Additional fee for each claim Exceeds 10 items	150
2. Additional fee for each page of the Description of the Application Documents Exceeds page 30	50
Additional fee for each page of the Description of the Application Documents Exceeds page 300	100
III. Printing Fee for Publishing the Application	50
IV. Fee for Claiming Priority (Each Claim)	80
V. Fee for Substantive Examination for an Application of Patent for Invention	2500
VI. Reexamination Fee
1. Invention	1000
2. Utility Model	300
3. Design	300
VII. Annual Fee
1. Invention
1-3 Years (Each Year)	900
4-6 Years (Each Year)	1200
7-9 Years (Each Year)	2000
10-12 Years (Each Year)	4000
13-15 Years (Each Year)	6000
16-20 Years (Each Year)	8000
2. Utility Model
1-3 Years (Each Year)	600
4-5 Years (Each Year)	900
6-8 Years (Each Year)	1200
9-10 Years (Each Year)	2000
3. Design
1-3 Years (Each Year)	600
4-5 Years (Each Year)	900
6-8 Years (Each Year)	1200
9-10 Years (Each Year)	2000
11-15 Years (Each Year)	3000
VIII. Surcharge
The amount of the surcharge shall be, for each month of late payment, 5% of the whole amount of the annual fee of the year within which the annual fee is due to be paid.
IX. Fee for Requesting Restoration of Right	1000
X. Fee for Requesting Extension of Time Limit
1. Fee for First Requesting Extension of Time Limit (Each Month)	300
2. Fee for Second Requesting Extension of Time Limit (Each Month)	2000
XI. Fee for Making a Change in the Bibliographic Data
1. Change of Inventor, Applicant, Patentee	200
XII. Fee for Requesting for Evaluation Report of Patent
1. Utility Model	2400
2. Design	2400
XIII. Fee for Requesting for Announcement of Invalidation of Patent
1. Invention	3000
2. Utility Model	1500
3. Design	1500
XIV. Fee for Certification of Copies of Patent Document (Each Copy)	30

Notes:

1. Reduction of payment for applicants or patentees having difficulties paying the fees are subject to the rules in the Measure on Reduction of Payment of Patent Fees.

2. In case the applications for invention patent have already entered the substantive examination phase, but the applicant voluntarily withdraws the application prior to the expiration of the period for response to the first office action (except when a response to the office action has already been submitted), the applicant may request reimbursement of 50% of the fee for substantive examination.

Patent Fees – PCT Filing Fees (In CNY)

I. PCT Filing – International Phase
1. Fees Charged by CNIPA for WIPO’s International Bureau
The fee schedule and reduction provisions of the fees charged by the China National Intellectual Property Administration (CNIPA) for the International Bureau (IB) of the World Intellectual Property Organization (WIPO) are subject to the provisions in the Regulations under the Patent Cooperation Treaty (PCT). Pursuant to A Memorandum of Understanding Concerning PCT Fees between the two organizations, from December 1, 2021, CNY formally became the pricing and clearing currency for international fees of PCT applications. The international fees for the PCT applications received on and later than December 1, 2021, and the handling fees for the request for the PCT international preliminary examination received on and later than December 1, 2021, both paid to the CNIPA, shall be subject to the CNY-based fee schedule available in the PCT section on the CNIPA website.
2. Fees Charged by CNIPA
(1) Search Fee	2100
Additional Search Fee	2100
(2) Priority Document Fee	150
(3) Preliminary Examination Fee	1500
Additional Preliminary Examination Fee	1500
(4) Protest of the Unity of Invention Fee	200
(5) Copy Document Fee (Each Page)	2
(6) Late Furnishing Fee	200
(7) Fee for Requesting Restoration of Right	1000
(8) Surcharge is 50% of the unpaid fee. If the amount exceeds 50% of the international application fee (excluding the supplemental fee for filing), 50% of the international application fee should be charged.
II. PCT Applications Entering China's National Phase
1. Surcharge for the Late Entry	1000
2. Fee for Correction of Translation
Preliminary Examination Phase	300
Substantive Examination Phase	1200
3. Restoration Fee for Unity	900
4. Restoration Fee for Priority Rights	1000

Policy for other fees of PCT applications entering China’s national phase is in accordance with the domestic section.

Patent Fees — International Design Filing Fees.

International design applications are subject to the payment of following fees to the IB of WIPO: basic fee, publication fee, and standard designation fee or individual designation fee for each contracting party where protection is sought. Fees are governed by Common Regulations Under the 1999 Act and the 1906 Act of the Hague Agreement. WIPO’s website offers the schedule of fees and a fee calculator. Under CNIPA Announcement No. 481 Interim Measures of Related Provisions after Accession to Hague Agreement, applicants shall pay all the fees stated in the Hague Agreement directly to the IB.
Fees payable during the national phase of the international design applications designating China are in accordance with the domestic section.

Patent Fees — Charge as Agreed

Where CNIPA performs search and examination service for patent applications of other countries and regions, fees are subject to the fee schedule agreed by the two parties.

Trademark Fee Schedule (In CNY)

Item	Paper Application (By Category)	E-Application (By Category)
Fee for Accepting a Trademark Application	CNY 300 (Limited to 10 items of the chosen class. CNY 30 surcharge for each additional item)	CNY 270 (Limited to 10 items of the chosen class. CNY 27 surcharge for each additional item)
Fee for Re-issuance of Trademark Registration Certificate	CNY 500	CNY 450
Fee for Accepting Transfer of Registered Trademark	CNY 500	CNY 450
Fee for Accepting Trademark Renewal	CNY 500	CNY 450
Fee for Accepting Renewal in Grace Period	CNY 250	CNY 225
Fee for Accepting Trademark Review	CNY 750	CNY 675 (part to be open)
Fee for Trademark Changing	CNY 150	Free
Fee for Providing the Proof of Trademark Registration	CNY 50	CNY 45
Fee for Accepting a Collective Trademark Application	CNY 1,500	CNY 1,350
Fee for Accepting a Certification Mark Application	CNY1,500	CNY 1,350
Fee for Trademark Opposition	CNY 500	CNY 450
Fee for Trademark Revocation	CNY 500	CNY 450 (part to be open)
Fee for Recording Trademark Licensing Agreement	CNY 150	CNY 135

Measures to Prevent Infringement of IP Rights

Clear definition of the scope of protection:

Patent evaluation report (for utility models and designs):

Administrative enforcement as a deterrent:

Shifting the burden of proof for process patents:

Defence based on prior art:

Referral to higher administrative authority for major cases:

Liability for IP Rights Infringement

Criterion	Civil Liability	Administrative Liability
Jurisdictional authority	People’s Court	Patent/Trademark administrative department (CNIPA and local offices)
Subject of claims (sanctions)	Cessation of infringement, compensation for damages	Order to immediately stop the infringement (and possibly fine – amount not specified)
Conditions of application	Infringement established; parties fail to reach agreement through negotiation	Upon request of the patentee or interested party; administrative decision can be appealed to the court within 15 days (Patent Law Art. 65)
Additional	Mediation on compensation possible (Art. 65 Patent Law, Art. 60 Trademark Law)	If infringer does not comply, administrative body may apply to court for compulsory enforcement

Unregistered IP Rights Enforcement and Protection

Trademarks (well‑known marks):
Under Article 13.2 of the Trademark Law, if a trademark not registered in China is well‑known, and its use on different or dissimilar goods misleads the public and impairs the interests of the owner, registration may be refused and its use prohibited. Thus, well‑known marks enjoy protection without registration.

What to do in case of infringement (for registered and well‑known unregistered rights)?

Based on the Patent Law and Trademark Law provisions, the general procedure is to negotiate with the infringer to settle the dispute amicably. If negotiation fails, the right holder may either file a lawsuit with the People’s Court; or request the relevant administrative department (CNIPA or local authority) to handle the matter. The administrative department, upon finding infringement, may order the infringer to stop the infringement immediately. If dissatisfied with the administrative decision, the party may appeal to the People’s Court within 15 days of receiving the notification. If the infringer neither appeals nor complies, the administrative department may apply to the court for compulsory enforcement. The administrative department may also mediate on the amount of compensation; if mediation fails, either party may bring a lawsuit to the court.

The main national IP laws mentioned

(with official or reference English translations) are:

Patent Law of the People’s Republic of China

Trademark Law of the People’s Republic of China

Regulations for the Implementation of the Trademark Law of the People’s Republic of China

Other relevant laws:

Copyright Law, Anti‑Unfair Competition Law, Regulation on Protection of New Varieties of Plants, Regulations on Protection of Integrated Circuit Layout Design. For a complete list, refer to the CNIPA website

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GIs	AOs
Definition
Any designation that allows a product to be identified as originating from a specific territory (locality, region, etc.).	A verbal designation representing the name of a geographical object or a derivative thereof; the good possesses special properties exclusively determined by natural conditions and/or human factors inherent to that geographical area.
Connection to the territory
At least one stage of the product’s production, which significantly influences the formation of its characteristics, must be carried out within the territory of the geographical object reflected in the GI.	All stages of production are carried out within the territory of the geographical object whose name is registered as the AO.
Reputation
A geographical indication is registered for a product possessing a particular quality, reputation, or other characteristics that are largely attributable to its geographical origin.	Wide recognition is required, established long before the application is filed.
Uniqueness
Not required.	The good is unique and irreplicable.

Object	Protection Symbol (Marking)
Objects of copyright	Latin letter «C» in a circle + name or title of the rightsholder + year of the first publication of the work
Objects of related rights	Latin letter «P» in a circle + name or title of the exclusive rightsholder + year of the first publication of the phonogram
Integrated circuit layout-design (topology)	Capital letter «T» (and its image variants) + indication of the commencement date of the term of the exclusive right + information enabling the identification of the rightsholder