If the receipt is the true meaning of both parties, and the contents of the receipt are legal, the receipt is valid under the condition of signature, seal and handprint of both parties, that is, no refund can be made according to the agreement of the receipt; If the above conditions are not met, the receipt is invalid, and the contents of the non-refundable receipt are also invalid, and a refund can be made.
The procedure for applying for patent refund is as follows:
1. Refund request should be made in writing, with reasons and corresponding certificates attached. For example, a copy of the charge receipt issued by China Patent Office, a remittance voucher issued by a post office or a bank, etc. The certificate provided by the post office or bank shall be the original. If the original cannot be provided, a notarized copy confirmed by the official seal of the department shall be provided;
2. Submit a statement of opinions (about expenses). The refund request shall indicate the application number or patent number and the information of the refund amount (such as bill number, fee amount, etc.). ) and payee information. If a party requests a refund through the post office, the payee information includes the name, address and postal code; If the party requests a refund through the bank, the payee information includes name, bank, account number and other information.
The refund applicant can only be the payer. If the applicant (or patentee) or agency requests a refund as a non-payer, it shall declare that it is entrusted by the payer to handle the refund procedures.
The characteristics of patents are as follows:
1, exclusive. Also known as monopoly or exclusivity, the patent belongs to the exclusive right holder, and the patentee has the right to possess, use, benefit and dispose of its right object (that is, invention and creation);
2. timeliness. The so-called temporality of patent right means that the patent right has a certain term, that is, the protection period stipulated by law. After the expiration of the time limit, the patentee no longer enjoys the exclusive right to his invention-creation. Inventions and creations protected by law have become the public wealth of society, and any unit or individual can use them free of charge.
3. It is regional. The so-called regionality is the space limitation of patent right. It means that patents granted and protected by a country or region are only valid within the scope of that country or region and have no legal effect on other countries and regions. Its patent right can not be confirmed and protected, and it can only be produced in a certain area and protected by law.
To sum up, if the receipt is the true meaning of both parties, and the contents of the receipt are legal, the receipt is valid if both parties sign, seal and press their fingerprints, that is, no refund can be made according to the agreement of the receipt; If the above conditions are not met, the receipt is invalid, and the contents of the non-refundable receipt are also invalid, and a refund can be made.
Legal basis:
Article 146 of the Civil Code of People's Republic of China (PRC)
A civil juristic act in which the actor and the counterpart have false meanings is invalid. The validity of a concealed civil juristic act with false intention shall be handled in accordance with relevant laws and regulations.