Meaning
Statutory administrative charges mandatory at the filing stage condition the formal docketing and processing of challenge proceedings against granted intellectual property rights. In Chinese patent procedure, an invalidation petition fee must be paid to the National Intellectual Property Administration when requesting full or partial invalidation of a granted patent. Article 45 of the PRC Patent Law establishes the right to seek patent invalidation, while administrative fee schedules set exact payment amounts based on patent type.
Failure to submit required funds within designated statutory deadlines results in automatic withdrawal of the petition. Payment obligations apply equally to domestic and foreign petitioners challenging invention patents or utility models.
Payment Schedule
Fees must be transferred within one month from the date of filing the invalidation request. Payment schedules distinguish between invention patents and utility models, with invention patents incurring higher official costs. Transmitting funds requires accurate inclusion of application numbers and petitioner identification details on official payment vouchers.
Electronic payment portals operated by intellectual property authorities issue formal official receipts confirming timely payment settlement.
Procedural Default
Non-payment or partial payment within the statutory one-month window triggers immediate administrative dismissal of the challenge. Dismissal notices inform petitioners that the invalidation request is deemed not filed, leaving target patents intact and fully enforceable. Statutory grace periods or extension requests do not apply to initial invalidation filing fees under Chinese patent guidelines.
Dismissed petitioners retain the right to file new invalidation requests, provided statutory limits or related litigation deadlines have not expired.
Fee Refund
Administrative rules restrict fee refunds strictly to specific procedural circumstances like accidental overpayment or duplicate payment processing. Requesting voluntary withdrawal of an invalidation petition prior to panel constitution yields no refund of official fees paid. Panel decisions finding an invalidation request inadmissible do not entitle the filing party to reimbursement.
Fees paid remain non-refundable once administrative processing commences within the patent office.
