Are there any circumstances where the ex parte reexamination fee can be refunded?

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.

The USPTO has specific rules regarding refunds of ex parte reexamination fees. According to MPEP 2215:

“If the Director decides not to institute reexamination under 35 U.S.C. 303(c), the reexamination filing fee will be refunded in accordance with 37 CFR 1.26(c).”

However, it’s important to note that:

“If ex parte reexamination is ordered under 35 U.S.C. 304, no refund will be made.”

This means:

• If the USPTO decides not to proceed with the reexamination, you may receive a refund.
• Once reexamination is ordered, the fee is non-refundable, regardless of the outcome.
• Partial refunds are not available if you overpay or change your mind after filing.

Always ensure you’re certain about proceeding with the reexamination request before submitting the fee, as it’s generally non-refundable once the process begins.