1. Can the patent application fee be refunded?
After withdrawing the patent application, the applicant may apply to the patent administration department for refund of the application fee. Those who meet the conditions for refund shall be refunded by the patent administration department.
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.
Second, do you need notarization to sign a patent transfer contract?
When signing a contract, we should not only consider the necessity of notarization, but also determine what to indicate in the contract, otherwise it is easy to cause unnecessary disputes in the later stage because the contract is unclear.
1. Project name: The project name shall specify the contract for the assignment of the patent right for invention, utility model or design.
2, the name and content of the invention and creation, to use concise professional terms, accurately and generally express the name of the invention and creation, the professional and technical fields, the status of the existing technology and the substantive characteristics of the invention and creation.
3, the patent application date, patent number, application number and the validity of the patent right.
4. Patent implementation and licensing. Some patent transfer contracts are concluded after the transferor or the third party enters into a patent licensing contract. In this case, it is necessary to clarify whether the transferor continues to implement or has concluded the patent, and how to transfer the rights and obligations of implementing the license contract.
5. The list of technical data shall at least include the description and drawings of the invention and other technical data necessary for ordinary professional technicians in their technical fields to implement the invention and creation.
6. Price and payment method.
7. Calculation method of liquidated damages or damages.
8. Dispute resolution: If the parties are willing to submit the dispute to an arbitration institution trusted by both parties for arbitration, the arbitration institution shall be stipulated in the contract. Obviously, the arbitration of accepted technical contracts has the effect of excluding jurisdiction.
From the above analysis, we know that according to the detailed rules for the implementation of the Patent Law, after withdrawing the patent application, the applicant may apply to the patent administration department for refund of the application fee. Those who meet the conditions for refund shall be refunded by the patent administration department.