When can an applicant request a refund for fees paid on additional inventions?

According to MPEP 803.03(a), an applicant can request a refund for fees paid on additional inventions in a transitional application when certain conditions are met. Specifically:

“Whenever divided inventions in a transitional application are rejoined because a linking claim is allowable ( MPEP § 809 , § 821.04 , and § 821.04(a) ) and applicant paid the fee set forth in 37 CFR 1.17(s) for the additional invention, applicant should be notified that he or she may request a refund of the fee paid for that additional invention.”

In other words, if:

  • The application is a transitional application
  • Inventions were previously divided
  • A linking claim is found allowable, leading to rejoinder of the inventions
  • The applicant had paid the fee for an additional invention

Then the applicant may be eligible to request a refund for the fee paid for the additional invention.

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Tags: linking claim, MPEP, patent fees, Refund, transitional application, USPTO