Are maintenance fees refundable if a patent expires early?

Generally, maintenance fees are not refundable if a patent expires early. The MPEP 2520 provides clear guidance on this matter:

“37 CFR 1.366(g) provides that maintenance fees and surcharges relating thereto will not be refunded except in accordance with 37 CFR 1.26 and 1.28(a). A patentee cannot obtain a refund of a maintenance fee that was due and payable on the patent.”

This means that once a maintenance fee is due and paid, it generally cannot be refunded, even if the patent expires earlier than expected. However, the USPTO will refund any duplicate payments made in error. If you believe you’ve made an overpayment or duplicate payment, you should contact the USPTO for guidance on potential refunds.

To learn more:

• maintenance fee refunds
• patent expiration
• USPTO refund policy