Can I get a refund if I establish small entity status after paying full 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, you can request a refund if you establish small entity status after paying full fees, but there are strict time limits:
- You must file an assertion of small entity status and a refund request within 3 months of the date of the full fee payment
- This 3-month period cannot be extended
According to 37 CFR 1.28(a): “A refund pursuant to § 1.26, based on establishment of small entity status, of a portion of fees timely paid in full prior to establishing status as a small entity may only be obtained if an assertion under § 1.27(c) and a request for a refund of the excess amount are filed within three months of the date of the timely payment of the full fee. The three-month time period is not extendable under § 1.136.”