Can I apply for a refund if I overpaid the patent annual fee?

If the applicant overpays, erroneously or re-pays the patent fee, the applicant shall submit the application to the Patent Office of the State Intellectual Property Office within one year from the date of payment, and shall be refunded after verification by the Patent Office of the State Intellectual Property Office. . If requested more than one year later, no refund will generally be given.

If the applicant has paid a fee for a certain procedure, but in fact the procedure has not been started, he or she can also request a refund, but the application fee is not refundable. For example, after paying the substantive examination request fee, if the applicant has withdrawn the application or the application is deemed to be withdrawn before the substantive examination, he or she may request a refund of the substantive examination request fee. If the applicant has withdrawn the application or the application is deemed to be withdrawn before the substantive examination, You can request a refund of the actual examination fee. However, if the application is deemed withdrawn due to insufficient payment of the application fee, the application fee shall not be refunded. Because the application process has already begun with acceptance, the application also acquires the rights that serve as the basis for foreign priority and domestic priority and other rights after acceptance, and the application process also ends when the application is deemed to have been withdrawn.

Go through various procedures that do not require deadlines. If the procedure is deemed to have not been filed, except for the handling fee for changing the bibliographic items, other handling fees can be requested to be refunded.