I am asking this because according to my research it is extremely cheap to file a patent in China (with attorney fees included). It is about a 1/10th of the price in the US. That would be less than a $1000 dollars.

Given such an incentive and the huge market that is China, I would expect that the majority of people would also file the same patent in China.

Is this the case? If not, what is the barrier that prevents most people form subsequently filing in China? Is the logistics too complicated?

1 Answer 1


I would not say that it is extremely cheap. The cost of your post depends on the law firm used, whether you directly hire the Chinese law firm or you use an intermediary, etc. Moreover, does the USD1000 figure of your post include the translation into Chinese? It is usually not cheap.

Then you have to add all the prosecution costs, plus grant costs. The cost will go up pretty quickly. It is not just a matter of how much does it cost to file a Chinese patent application, it is the cost for the entire thing: filing, prosecution, grant.

Not filing in China could be a strategical decision because you do not see a potential market there for your invention, you foresee little competitor activity, you do not have the resources for getting a Chinese patent, or you do not have the resources for monitoring activity of Chinese third parties to detect infringement and for filing a lawsuit in case of infringement.

You could monetize your Chinese patent by selling it or licensing it, but many companies do not have a business unit for that kind of activity or they prefer to spend their money in their main activity.

  • Regarding translation cost, why would it matter if you will be hiring a Chinese attorney anyways? He/she will be drafting the application so of course it will be written directly in Chinese. Of course, we will have to hire a Bilingual attorney in China, which I assume is not difficult. Commented Aug 8, 2022 at 13:48
  • 1
    We do not know the assumptions made in coming up with the estimate you started with but your question talked about filing the same application as a US filing so a translation was assumed. Also during prosecution you will need all of the responses from SIPO translated so you can understand rejections and work with the Chinese attorney/agent to formulate a response. Filing is just the start of a process.
    – George White
    Commented Aug 8, 2022 at 14:11

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .