How to determine the payment date of patent application

Legal analysis: if the application fee or other fees are paid in person to the toll office of the patent office, the date of payment in person is the date of payment.

Legal basis: Article 94 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC). The fees specified in the Patent Law and these Detailed Rules may be paid directly to the patent administration department in the State Council, or by other means specified by the post office, bank or the patent administration department in the State Council.

If remittance is made by post office or bank, the correct application number or patent number and the name of the fee paid shall be indicated on the remittance slip sent to the patent administration department in the State Council. If it does not conform to the provisions of this paragraph, it shall be deemed that it has not gone through the payment formalities.

If the fee is paid directly to the patent administrative department of the State Council, the payment date shall be the payment date; If payment is made by post office remittance, the postmark date of post office remittance shall be the payment date; If payment is made by bank remittance, the actual remittance date of the bank shall be the payment date.

If the patent fee is overpaid, re-paid or wrongly paid, the party concerned may, within 3 years from the date of payment, request a refund from the patent administration department in the State Council, and the patent administration department in the State Council shall refund it.