Is the publication fee refundable if my patent application is not published?
Yes, the publication fee is refundable if your patent application is not published. The MPEP states: “The Office will refund the publication fee (if paid) if the application is not published as a patent application publication, but will not refund the publication fee if the application is published as a patent application publication, even if it is published after the patent issues.” (MPEP 1126)
To request a refund, you should wait at least 4 weeks after the issue date of the patent and then submit a request to the Office of Data Management – Patent Publication Branch at Mail Stop PGPUB.
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