Is a partial refund provided when a reexamination is terminated?

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.

According to MPEP 2694, when a reexamination is terminated, a partial refund is not provided. This is because the reexamination was properly commenced and addressed before being terminated based on external factors such as a court decision.

The MPEP states: “A partial refund is not made in this instance, since the reexamination was properly commenced and addressed, and was terminated later based upon a court decision, or the like.“

The process for a terminated reexamination includes:

1. Forwarding the file to the Central Reexamination Unit (CRU).
2. Assigning an 820 status (reexamination terminated) to the file.
3. Annotating and scanning a copy of the PALM screens with “PROCEEDING CONCLUDED” into the Image File Wrapper (IFW).