Are refunds available for ex parte reexamination fees?

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.“

To learn more:

• ex parte reexamination
• fee refunds
• patent fees
• USPTO procedures