4.2 Refund
4.2. 1 Refund principle
If the patent fee is overpaid, re-paid or wrongly paid, the parties concerned may request a refund within three years from the date of payment. Those that meet the requirements shall be returned by the Patent Office.
4.2. 1. 1 Cases where the parties can request a refund.
( 1)? Overpayment: If the annual fee payable by the parties is 600 yuan, and the actual fee paid within the specified period is 650 yuan, they may request a refund from 50 yuan.
(2)? Re-payment: If a record item change request is made, a record item change handling fee of 200 yuan shall be paid, and the party concerned shall pay 200 yuan again after paying 200 yuan, and the party concerned may request a refund of the re-paid 200 yuan.
(3)? Incorrect payment: for example, when the party concerned pays the fee, it writes the wrong fee type and application number (or patent number). Yes; Or if the rights are lost due to insufficient payment or overdue payment, or if the patent fee is paid after the loss of rights, the parties concerned may request a refund.
4.2. 1.2 The Patent Office will take the initiative to refund.
Once the following circumstances are verified, the Patent Office shall take the initiative to return them.
( 1)? After the patent application is deemed to be withdrawn or the declaration of withdrawal of the patent application is approved, the substantive examination fee paid before the Patent Office issues a notice that the application for a patent for invention has entered the substantive examination stage.
(2)? Annual fee paid after the announcement of the decision to terminate the patent right or declare the patent right invalid.
(3)? If the Patent Office decides not to restore the right after the approval procedure of the right restoration request is started, the party concerned has paid the right restoration request fee and related expenses.
4.2. 1.3 No refund.
(1) For overpayment, overpayment or wrong payment, the parties concerned will not ask for a refund until three years after the payment date.
(2) The parties cannot provide evidence of wrong payment.
(three) the parties request the refund of the fees that have been paid in accordance with the regulations before the request for fee reduction is approved.