The patent invalidation request fee can be refunded within a certain period of time. Where the applicant overpays, wrongly pays or re-pays the patent fee, it shall file a complaint with the Patent Office within one year from the date of payment and return it after verification by the Patent Office. If it is submitted after more than one year, it will generally not be returned. The applicant has paid for a project, but in fact the project has not yet started, and can also ask for a refund.
Second, what should I pay attention to when paying the patent application fee?
Various fees can be paid directly to the patent office on the spot within the specified time (if the application documents are submitted directly to the patent office, the application fee can be paid at that time); You can also pay by remittance through the post office within the specified time. If the application documents are submitted through the post office, the application fee shall be paid after receiving the Notice of Acceptance issued by the Patent Office (about one month later), and the payment period shall be within two months from the date of application. It must be pointed out that this time limit is never paid within two months from the date of issuing the "Notice of Winning Bid".
No annual fee is required for patent applications that have not been granted patent rights. Pay all kinds of fees, including annual fees, and go through the registration formalities within two months from the date of receiving the notice. It must be noted that the year mentioned must be the year specified in the notice (from the date of application), and sometimes it may not be the year of receipt of the notice, for example, the year mentioned in the notice is the year of application. At this point, the year you received the "notice" is 1999. So, after you pay the annual fee of 1998, don't forget to pay the annual fee of 1999 voluntarily (for example, the third year). If it is overdue, the patent office will inform you to pay it back and add a late fee.
Where an application for a patent for invention has not been granted a patent right within two years from the date of filing, it shall voluntarily pay the application maintenance fee every year from the third year. The maintenance fee for the first application shall be paid within the first month after the start of the third year and within one month before the expiration of the previous year in subsequent years.
When paying various fees through the post office, the name of the applicant, the patent number or patent application number, the name of the invention-creation, the name of the fee paid (all items must be listed) and the amount must be stated in the postscript column of the remittance slip. If there are omissions, misspellings or insufficient amount, it will be deemed that the payment procedures have not been handled.
The patent application fee can be refunded within a certain period of time. Therefore, if we fail to accept the patent application in time, we can get a refund; Or overpayment or wrong payment, you can also apply for a refund, but if it is normal production acceptance but fails, it will not be refunded.
Legal basis:
Detailed Rules for the Implementation of People's Republic of China (PRC) Patent Law
Article 94 The fees stipulated in the Patent Law and these Detailed Rules may be paid directly to the patent administration department in the State Council, or through the post office, bank or other means stipulated by 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.