Applicants can also ask for a refund if they have paid for a program, but the program has not actually started. For example, after paying the request fee for substantive examination, the applicant withdraws the application before the substantive examination or the application is deemed to have been withdrawn, and may request a refund of the actual examination fee. However, if the application is deemed to have been withdrawn due to insufficient payment of the application fee, it shall not be required to refund part of the application fee already paid. Because the application procedure has started from the acceptance, after the application is accepted, the rights and other rights that are the basis of foreign priority and domestic priority are also obtained. When the application is regarded as withdrawn, the application procedure ends. Go through all kinds of formalities without deadlines. If it is deemed that the formalities have not been put forward, all other expenses can be refunded except the filing fee for project change.
The detailed rules for the implementation of the patent law stipulate that when applying for a patent and going through other formalities in the patent office, fees shall be paid in accordance with the regulations. The patent application fee is paid as follows:
1, the way to pay the application fee
The application fee and other fees can be paid directly to the Patent Office or its agency, or remitted through the bank or post office. Where remittance is made through a bank or post office, a payment slip shall be affixed to the remittance voucher or the postscript column in the fourth part of the remittance voucher, and the patent application number, the name of the applicant or patentee, the name of the fee (application fee) and the name of the invention-creation shall be indicated. If the bank adopts electronic remittance (satellite transmission), it shall require the bank to indicate the application number and the abbreviation of the fee name in the fee purpose column, such as "Shen" indicating the application fee (see the annex for the abbreviation of the fee name). But this requirement requires banks to charge special fees for sending and receiving telegrams. No matter how the applicant pays the fee, if the application number and fee name are not specified, or the writing is wrong, it will be deemed that the payment procedures have not been handled.
It's time to pay the application fee
Those who submit application documents to the Patent Office or its agency may pay the application fee on the spot after receiving the notification of acceptance. If the application documents are mailed to the Patent Office, the application fee shall be paid after receiving the notification of acceptance from the Patent Office. However, the payment date of the application fee shall not exceed two months from the date of application at the latest. Generally, the notification of acceptance from the Patent Office can be delivered to the applicant within one month after the applicant sends the application documents, so the general applicant has enough time to pay the application fee.
3. Determination of payment date
Where the application fee or other fees are paid to the Patent Office, the date of delivery in person shall be the payment date. Remittance to the Patent Office, if the remittance method conforms to the above 1, shall be subject to the remittance date of the bank or post office. However, if the remittance date to the receipt date of the Patent Office exceeds 15 days, the payment date shall be the receipt date of the Patent Office, except that the post office or bank issues certificates and provides evidence.
4. Amount of application fee
In addition to the basic application fee, the application fee for invention patent also includes the 40 yuan for publishing and printing documents. Applications for patents for utility models and designs do not need to pay publishing and printing fees. If the description of a patent application includes more than 30 pages of drawings, each page will be charged 65,438+05 yuan from page 365,438+0, and 30 yuan will be charged from page 306,5438+0 for more than 300 pages. Where the number of claims in the patent application exceeds 10, a surcharge shall be paid for each additional 20 yuan from 1 1. Specification surcharge and claim surcharge are also part of the application fee.
5. Correction of payment errors
For the patent fees remitted by post office or bank, the patent application number, fee name, amount and remittance date listed on the invoice should be checked in time after receiving the fee invoice issued by our bureau. If an error is found, it shall state its opinions to the Patent Office within 7 days, explaining the reasons for the error and the correct data. The unified format (opinion statement) formulated by the Patent Office shall be used when presenting opinions. If the responsibility for the error lies with the applicant, the payment date shall be the date when the statement of opinions is submitted, and if the responsibility lies with the Patent Office (the applicant shall provide evidence), the payment date shall be the date when the original fee is remitted. Where a fee is paid to the patent situation, the contents listed in the invoice shall be checked after the invoice is issued by the Patent Office. If errors are found, the Patent Office shall be required to correct them on the spot. If there is no mistake, you should sign in the drawee column of the invoice.
6. Consequences of not paying or not paying the application fee in full.
If the applicant fails to pay or pay the application fee (including document printing fee, specification and claim surcharge) within two months from the date of filing, his patent application shall be deemed to have been withdrawn. Although the applicant has paid the application fee, if the formalities are improper (such as incomplete or incorrect items listed in the bill of payment, or no bill of payment is attached), it will be regarded as non-payment. The patent office will handle the unpaid application fee.
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