Half Refund System on Examination Request Fees

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The following is an overview of the Half Refund System provided by Japan Patent Office.

(1) Outline of the Half Refund System on Examination Request Fees

If the application is withdrawn or abandoned before the JPO examiner begins patent examination, 1/2 (half price) of the examination request fee can be refunded.

(2) Timing of withdrawal or abandonment to allow a refund request

It is necessary to submit a “Request for withdrawal of application” or “Request for abandonment of application” before any of the following notices from the JPO examiner reache the applicant.

(i) Notification of reasons for refusal (Article 50 of the Patent Act)
(ii) Notification of decision of patent grant (Article 52(2) of the Patent Act).
(iii) Notification of the breach of duty to disclose prior art documents in the specification (Article 48-7 of the Patent Act).
(iv) Order of consultations concerning identical inventions which have been filed on the same date (Article 39(7) of the Patent Act).

(3) Time limit for requesting refund

Refunds should be requested within six months following the withdrawal or abandonment of the application.

(4) Amount of refund

The half amount of the examination request fee shall be refunded.

(5) Method of refund

Refunds can be made by means of a bank transfer or the deposit system.

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