What are the procedures after filing a patent refund request?

1. The request for refund shall be submitted in writing, explaining the reasons and attaching corresponding proofs. For example, a copy of the fee receipt issued by the Chinese Patent Office, a remittance voucher issued by a post office or bank, etc. The certificate provided by the post office or bank shall be the original, and if the original cannot be provided, a copy confirmed by the official seal of the issuing department or notarized shall be provided.

2. Submit the Statement of Opinion (About Fees). The refund request shall indicate the application number (or patent number) and the information of the amount to be refunded (such as the bill number, the amount of the fee, etc.) and the information of the payee. If the party requests a refund through the post office, the beneficiary's information includes name, address and zip code; If the party requests a refund through the bank, the payee's information includes the name or title, the bank where the account is opened, and other information.

3. The relevant materials shall be mailed to the Patent Office of the State Intellectual Property Office.

1) Submission of a refund request The person requesting a refund shall be the payer of the payment or the patent institution that paid the money. The request for refund shall be submitted in writing, explaining the reasons and accompanied by corresponding proofs, such as a fee receipt issued by the patent office, a remittance voucher issued by the post office, etc.

The certificate provided shall be the original, and if the original cannot be provided, a copy confirmed by the official seal of the issuing department or notarized shall be provided. The refund request shall indicate the application number (or patent number) and the information of the amount to be refunded (such as bill number, fee amount, etc.), and the refund request may specify the address, postal code and name of the payee to receive the refund at the same time. Where the parties request a refund through the bank, they shall also indicate their name or title, bank account, account number, and other information.

2) Handling of refunds If it is verified that a refund cannot be made, the examiner shall issue a refund approval notice and explain the reasons for not giving a refund. If it is verified that a refund can be made, the patent office shall make the refund according to the address, postal code and name of the payee indicated in the refund request. If the address or the name of the payee is not indicated in the request, the patent office shall refund the refund according to the address and name of the applicant recorded in the file.

If the applicant entrusts the patent ** institution to receive the refund, the patent office may refund the refund according to the address of the patent ** institution recorded in the document after the patent ** institution submits the statement signed or sealed by the applicant. After the refund processing is completed, the examiner shall issue a refund approval notice.

The patent application fee is generally non-refundable, and only in the case of overpayment, repayment, or wrong payment of the patent fee, you can apply for a refund to the patent administration department within three years from the date of payment. If the application is deemed withdrawn due to insufficient payment of the application fee, no refund of the part of the application fee already paid shall be requested.

[Legal basis].

Article 94 of the Detailed Rules for the Implementation of the Patent Law.

The various fees stipulated in the Patent Law and these Detailed Rules may be paid directly to the Patent Administration Department, or by remittance through the post office or bank, or in other ways prescribed by the Patent Administration Department.

If the payment is made by post office or bank, the correct application number or patent number and the name of the fee to be paid shall be written on the remittance slip sent to the patent administration department. Those who do not comply with the provisions of this paragraph shall be deemed to have failed to go through the payment formalities.

If the fee is paid directly to the patent administration department, the payment date shall be the date of payment; If the fee is paid by post office remittance, the postmark date remitted by the post office shall be the payment date; If the fee is paid by bank remittance, the date of payment shall be the actual remittance date of the bank.

In case of overpayment, repayment or wrong payment of patent fees, the parties concerned may, within 3 years from the date of payment, submit a request for refund to the patent administration department, and the patent administration department shall refund it.

Generally, patent applications are non-refundable, regardless of whether the patent application is successful or not.

Patent Application Grant:

Examination procedure for invention patent application:

Filing of application - acceptance, collection of fees - preliminary examination - request for substantive examination - substantive request - grant of patent right - issuance of patent certificate.

Examination procedure for utility model patent application:

Filing of application - acceptance, payment of fees - preliminary examination - grant of patent right - issuance of patent certificate.

Examination procedure for a design patent application:

Filing of application - acceptance, payment of fees - preliminary examination - grant of patent right - issuance of patent certificate.

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