Is the publication fee refundable if my patent application is not published?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 4 Related FAQs 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Publication Fee Not Refunded If Patented MPEP 1126 Request for Refund of Publication Fee Must Be Directed to Office at Mail Stop PGPUB After 4 Weeks MPEP 1126 Recommended Request for Refund After Issue Date MPEP 1126 Refund of Publication Fee After 4 Weeks If Application Not Published MPEP 1126 Permitted No Publication Fee Required After January 1, 2014 MPEP 1126 Publication Fee Due at Issue MPEP 1126 Suspension of Publication Fee Due Date After RCE MPEP 1126 Publication Fee Must Be Paid Before Issue MPEP 1126 Required Publication Fee Must Be Paid Before Patent Grant MPEP 1126 Required Publication Fee Required with Notice of Allowance MPEP 1126 Required Other Related FAQs 4 FAQs Collapse What is the current publication fee for patent applications? When is the publication fee for a patent application due? What happens to the publication fee if I file a Request for Continued Examination (RCE) after receiving a Notice of Allowance? Is the small entity discount available for the patent application publication fee?