How does the USPTO handle overpayment of issue or publication fees?
The USPTO has specific procedures for handling overpayments of issue or publication fees. According to MPEP 1306:
“An overpayment of an issue fee will be refunded to the applicant or, if the applicant so instructs, may be applied to another application of the applicant. Overpayment of less than $1 will not be refunded unless specifically requested within a reasonable time.”
This means that if you overpay the issue or publication fee, you have two options:
- Request a refund of the overpayment
- Apply the overpayment to another of your patent applications
However, note that overpayments of less than $1 will only be refunded if you specifically request it within a reasonable timeframe.
To learn more: