Can I get a refund if the patent application fails the actual examination?
According to the provisions of China's patent law, when applying for a patent for invention, the parties concerned can apply for substantive examination after preliminary examination, and a certain fee is required to apply for substantive examination. Can I get a refund if the patent application fails the actual examination? Let's answer it for everyone. Can I get a refund if the patent application fails the actual examination? After the patent administrative department in the State Council conducts substantive examination of the patent, if the examination fails, the patent substantive examination fee will not be refunded, and the substantive examination fee has been used for the examination fee. Article 93 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) shall pay the following fees when applying for a patent and going through other formalities with the patent administration department of the State Council: (1) application fee, application surcharge, publication and printing fee and priority claim fee; (2) Examination fee and reexamination fee for an application for a patent for invention; (3) Patent registration fee, announcement printing fee and annual fee; (four) the right to recover the claim fee and the extension of the claim fee; (five) the specification change fee, the patent evaluation report request fee and the request fee for invalidation. The payment standards of the fees listed in the preceding paragraph shall be stipulated by the price management department of the State Council and the financial department in conjunction with the patent administration department of the State Council. How much does it cost to apply for a patent? 1. When applying for patent agency, the applicant needs to pay agency fee and official fee. 2. The amount of agency fee shall be determined by the applicant through consultation with the agency according to the difficulty and workload of the technical field to which the application belongs. 3. Official expenses are paid to China National Intellectual Property Administration. The first official fee includes the application fee and the examination fee for the invention application, and the amount (RMB) is: the application fee for the invention patent in 950 yuan (including the printing fee in 50 yuan); Application fee for utility model patent 500 yuan; 4, the design patent application fee 500 yuan; The examination fee for invention application is 2500 yuan. In order to obtain and keep the patent, the applicant also needs to pay the annual patent fee and other fees to the patent office within a few years after the application. 6. The Patent Office may reduce or exempt certain fees (application fee, examination fee for invention application, maintenance fee for invention application, reexamination fee and annual fee for three years after authorization) for applicants with real difficulties. If the applicant is an organization, the above fees can be reduced by 70%, and if the applicant is an individual, the above fees can be reduced by 85%. Can I get a refund for a patent application that has not passed the actual examination? We are here to answer this question for you. If you have more questions about patent application, you can continue to pay attention to Bajie Intellectual Property or contact us by phone.