Intellectual Property Classroom | Patent fee waiver and search report

2023-05-08

For utility model patents or design patents applied for and granted after October 1, 2009, the patentee, interested party or alleged infringer may request the Patent Office to issue a patent evaluation report.

The procedures are as follows:

(1) Submit a request for patent evaluation report, download link is: https://www.cnipa.gov.cn/col/col192/index.html. Mailing address: Patent Office Reception Office of the State Intellectual Property Office, No. 6, Xitucheng Road, Jimenqiao, Haidian District, Beijing, Zip code: 100088.

(2) Pay the evaluation report fee of 2,400 yuan.

(3) If the applicant for the patent evaluation report is an interested party, the relevant supporting documents shall be submitted. For example, if the claimant is the licensee of the patent exploitation exclusive license contract, it shall submit the patent exploitation exclusive license contract concluded with the patentee or a copy thereof; If the claimant is the licensee of a general license contract for patent exploitation granted by the patentee with the right to sue, the applicant shall submit a general license contract for the exploitation of the patent concluded with the patentee or a copy thereof, as well as supporting documents for the granting of the right to sue by the patentee.

If the applicant for the patent evaluation report is the alleged infringer, the relevant supporting documents shall be submitted. For example, a notice of case filing issued by a people's court or a copy thereof, a notice of case filing issued by a patent administrative law enforcement department or a copy thereof, a case filing document issued by a mediation and arbitration institution or a copy thereof, etc.

Please note that the fee shall be paid within one month from the date of filing the request for a patent evaluation report. If the patent is a paper application, the evaluation report can only be submitted in paper form, if it is an electronic application, because it involves the requester and whether to entrust a patent agency, etc., please call the customer service center of the State Intellectual Property Office to submit an evaluation report request for specific patent consultation needs.

Our office shall make a patent evaluation report within two months after receiving the qualified request for patent evaluation report and the request fee.

Please refer to pages 23 to 25 of the https://www.cnipa.gov.cn/attach/0/bc96d0362c6643abbb8ed9ece6e439b7.pdf for the fee reduction.

The patent applicant or patentee can only request a reduction in the fees that have not yet expired. The request for reduction of the application fee shall be filed at the same time as the patent application, and the request for reduction of other fees may be filed at the same time as the patent application, or two and a half months before the expiration of the relevant fee payment period. Where a request for reduction is not submitted within the prescribed time limit, the reduction shall not be granted.

You need to first apply for the record in the patent fee reduction filing system, and the login address of the patent fee reduction filing system is https://cponline.cnipa.gov.cn.

If a request for fee reduction is filed at the same time as the patent application is filed, it is necessary to check the box in the column of "All applicants request fee reduction and have completed the filing of fee reduction qualifications" in the patent application after passing the fee reduction filing, and fill in the certificate number used when filing the fee reduction in the field.

If you file a request for fee reduction after filing a patent application, you need to submit a Request for Fee Reduction after the fee reduction has been filed.

If a patent agency is entrusted, the document shall be signed and sealed by the agency, and if the application is electronic, the electronic document shall be submitted.