What happens to the reexamination fee if no SNQ is raised in supplemental examination?

If no Substantial New Question of patentability (SNQ) is raised during supplemental examination, the fee for reexamination is refunded. According to MPEP 2818:

“The fee for reexamination ordered as a result of supplemental examination, as set forth in 37 CFR 1.20(k)(2), will be refunded in accordance with 37 CFR 1.610(d).”

This refund policy ensures that patent owners are not financially penalized when supplemental examination does not result in a reexamination order. For more details on the refund procedure, refer to MPEP 2818.02.

To learn more:

• Reexamination Fee
• Supplemental Examination
• SNQ
• Fee Refund