What fees are associated with filing a petition under 37 CFR 1.377?
When filing a petition under 37 CFR 1.377, there are specific fees that must be paid. The MPEP states:
“The petition must be accompanied by the proper petition fee (37 CFR 1.17(g)).“
It’s important to note that the petition fee is separate from the maintenance fee itself. However, there is a provision for potentially refunding the petition fee under certain circumstances:
“The petition may include a request that the petition fee be refunded if the refusal to accept and record the maintenance fee is determined to have resulted from an error by the Office.“
Patentees should be prepared to pay the required petition fee when filing, but may request a refund if the Office’s error is determined to be the cause of the refusal.
To learn more:
Topics:
MPEP 2500 - Maintenance Fees,
MPEP 2580 - Review Of Decision Refusing To Accept And Record Payment Of A Maintenance Fee Filed Prior To Expiration Of Patent,
Patent Law,
Patent Procedure