In China, if the annual fee for a patent has been paid more than once, is it possible to apply for a refund?
A refund of a duplicate annual fee payment may be requested within three years of the payment date. In cases of duplicate payment, the China National Intellectual Property Administration (CNIPA) will recognize the earlier payment as valid, and the party that made the later payment may apply for a refund. To request a refund, the payment receipt must be submitted to the CNIPA along with the refund request. If more than three years have elapsed since the duplicate payment, a refund is not available. However, the non-refundable amount may be credited toward the annuity fees for the following years. The CNIPA will automatically deduct the credited amount after the annual fee becomes due each year, without the need for a separate request. Please note that sufficient balance must be available for the deduction; if the remaining amount is insufficient, the CNIPA will not apply the deduction.
