Patent application refund?

Patent application fees are generally non-refundable. Only in the case of overpayment, re-payment or wrong payment of patent fees can you apply for a refund to the patent administration department of the State Council within three years from the date of payment. If the application is deemed to have been withdrawn due to insufficient payment of the application fee, it is not required to refund part of the application fee already paid.

legal ground

Rule 94 of the Implementing Rules of the Patent Law

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.