What happens if I overpay a patent fee to the USPTO?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
If you overpay a patent fee to the USPTO, you may be eligible for a refund. The MPEP 509 states: ‘In the event that an amount is paid by mistake or in excess of that required, a refund may be made only if a petition for refund is filed within 2 years after the date the fee was paid.’
To request a refund:
- File a petition for refund within 2 years of the payment date
- Clearly explain the reason for the overpayment
- Provide evidence of the overpayment
It’s important to note that not all overpayments are automatically refunded, so proactive action is necessary to recover excess fees.
Topics:
MPEP 500 - Receipt and Handling of Mail and Papers
MPEP 509 - Payment of Fees
Patent Law
Patent Procedure