Can I get a refund of the search fee and excess claims fee by abandoning my application?

Yes, it is possible to obtain a refund of the search fee and excess claims fee by abandoning your application, but specific conditions must be met. According to MPEP 711.01, Section III:

As provided in 37 CFR 1.138(d), refund of the search fee and excess claims fee paid in an application filed under 35 U.S.C. 111(a) and 37 CFR 1.53(b) on or after December 8, 2004 may be obtained by submitting a petition and declaration of express abandonment before an examination has been made of the application.

Key points to remember:

• The petition must be filed before any examination has been made of the application
• The refund request should be filed with the declaration of express abandonment or within two months from the filing date of the declaration
• The two-month period is not extendable

To learn more:

• express abandonment
• fee refund
• search fee
• excess claims fee
• 37 CFR 1.138(d)

To learn more:

• 37 CFR 1.138(d)