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CNIPA Exempts Stamp Duty from Patent Registration

To tie in with the implementation of the Stamp Duty Law, from July 1, 2022 on (including this day), the National Intellectual Property Administration will no longer collect stamp duty on patent certificates and integrated circuit layout-design registration certificates. 

In order to better safeguard the rights and interests of the obligee, for the stamp duty overpaid, wrongly paid or repaid within three years from the payment date, the relevant obligee is notified to submit an opinion statement (about the fee) as soon as possible to go through the refund formalities. 

According to the relevant business process, for patent applications registered after June 15, 2022, the certification date thereof will be later than July 1, 2022. Therefore, for those who go through the registration formalities after June 15, 2022 (including this day), there is no need to pay stamp duty. 

The new edition of the Stamp Duty Law reduces the stamp duty of the "Certificate of Transfer of Trademark Exclusive Rights, Copyright, Patent Rights and Proprietary Technology Use Rights" from 5/10000 of the amount contained in the Provisional Regulations on Stamp Duty to 3/10000, in an effort to implement reduction in taxes and fees, to support innovation and development, and to encourage the implementation and application of intellectual property rights. 

The transfer stipulated in the Stamp Tax Law includes sale, inheritance, gift, exchange and division. In addition, the stamp fees of trademark registration certificate and patent certificate stipulated in the Provisional Regulations on Stamp Duty are cancelled in the newly revised Stamp Duty Law.