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Japanese Patent & Utility Model FAQs

Refund of Examination Fee

1. Is it possible to obtain refund of the official fee for request for examination which has been paid if a decision has been made to abandon the application?

As of April 1, 2004, it is possible to obtain refund of the fee for request for examination. The law introduced a system for requesting a refund of 50% of the examination fees upon withdrawal of an application after a request for examination has been made but before receipt of a notification from the Japanese Patent Office, i.e., an office action or a Notice of Allowance, and etc. Therefore, please note that even if we file a request for refund, we may not receive the refund. Usually an application is examined after two to three years from the date of filing a request for examination. Further, please note that it is not possible to revive this case once you file a Notice of Withdrawal. A power of attorney must be submitted together with a Notice of Withdrawal.

Note:

A full refund system for the examination fee is in effect for a one year period, i.e., from August 9, 2006 to August 8, 2007.

More information regarding this matter:
http://www.jpo.go.jp/tetuzuki_e/index.htm
See "Full Refund System on Examination Request Fees"

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