Are refunds available for ex parte reexamination fees?

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, refunds are available for ex parte reexamination fees under certain circumstances:

1. If the request is denied or vacated:
   • A refund will be made in accordance with 37 CFR 1.26(c)(1)
   • For more information on denied requests, see MPEP § 2247 and § 2248
   • For more information on vacated requests, see MPEP § 2227 and § 2246, subsection I
2. If the request is found to be incomplete and the defect is not cured:
   • A refund will be made in accordance with 37 CFR 1.26(a)
   • See MPEP § 2227 for more information
3. If a higher fee is paid by mistake:
   • The requester may file a request for refund with reasons why they believe the request meets the requirements for a reduced filing fee

The MPEP states: “If the request for ex parte reexamination under 35 U.S.C. 302 is subsequently denied (see MPEP § 2247 and § 2248), or vacated (see MPEP § 2227 and § 2246, subsection I), a refund in accordance with 37 CFR 1.26(c)(1) will be made to the identified requester.“