What happens if a higher fee is paid for an ex parte reexamination request than required?

If a higher fee is paid for an ex parte reexamination request than required, the following process applies:

1. The higher fee will be accepted by the USPTO
2. The requester can file a request for a refund
3. The refund request should include reasons why the requester believes the original request meets the requirements for a reduced filing fee

The MPEP states: “If, on the Request for Ex Parte Reexamination Transmittal Form PTO/SB/57 or an equivalent, the requester checks the box indicating the requester’s intent to submit a reduced filing fee pursuant to 37 CFR 1.20(c)(1), but submits a filing fee pursuant to 37 CFR 1.20(c)(2), the filing fee pursuant to 37 CFR 1.20(c)(2) will be accepted. The requester may file a request for refund accompanied by the reasons why the requester believes that the request meets the requirements for a reduced filing fee pursuant to 37 CFR 1.20(c)(1).“

This policy ensures that the request is processed without delay while allowing the requester to seek a refund if they believe they qualify for the lower fee. It’s important for requesters to carefully review the fee requirements before submitting their request to avoid overpayment.

To learn more:

• ex parte reexamination
• fee overpayment
• USPTO refunds
• patent fees