Can I request a refund of the issue fee after paying it?
Generally, once you’ve paid the issue fee, requesting a refund is not straightforward. The MPEP 1306 states:
“The issue fee and any publication fee that have been paid will not be refunded after the application has been placed in the printing cycle.”
However, there are some exceptions:
- If you file a petition to withdraw the application from issue under 37 CFR 1.313(b), you may be eligible for a refund.
- If the application is withdrawn from issue before it enters the printing cycle, a refund may be possible.
- In cases of USPTO error, a refund might be considered.
It’s important to act quickly if you believe you’re entitled to a refund, as the window for eligible refunds is limited once the application enters the printing process.
To learn more: