37 CFR § 1.446 — Refund of international application filing and (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.446 Refund of international application filing and
This page consolidates MPEP guidance interpreting 37 CFR § 1.446, including 20 rules 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.
Summary
This section provides detailed guidance on the specific conditions and procedures for refunding international application filing fees, including handling fees under PCT Rule 57.6, ensuring practitioners understand how to navigate the complex process of obtaining a refund.
What this section covers
- Defines the conditions and procedures for refunding international application filing fees, including handling fees under PCT Rule 57.6.
Key obligations
- Withdraw the Demand before it is sent by the International Preliminary Examining Authority to qualify for a refund.
- Ensure timely submission of the refund request and all required documentation.
- Adhere to specific deadlines and procedures outlined in PCT Rule 57.6 for compliance.
Practice notes
- Ensure all required documentation is included with the refund request to avoid delays.
- Timely action is crucial to avoid missing the opportunity for a refund.
Official MPEP § 1.446 — Refund of international application filing and
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.446 Refund of international application filing and processing fees.
- (a) Money paid for international application fees, where paid by actual mistake or in excess, such as a payment not required by law or treaty and its regulations, may be refunded. A mere change of purpose after the payment of a fee will not entitle a party to a refund of such fee. The Office will not refund amounts of twenty-five dollars or less unless a refund is specifically requested and will not notify the payor of such amounts. If the payor or party requesting a refund does not provide the banking information necessary for making refunds by electronic funds transfer, the Office may use the banking information provided on the payment instrument to make any refund by electronic funds transfer.
- (b) Any request for refund under paragraph (a) of this section must be filed within two years from the date the fee was paid. If the Office charges a deposit account by an amount other than an amount specifically indicated in an authorization under § 1.25(b) , any request for refund based upon such charge must be filed within two years from the date of the deposit account statement indicating such charge and include a copy of that deposit account statement. The time periods set forth in this paragraph are not extendable.
- (c) Refund of the supplemental search fees will be made if such refund is determined to be warranted by the Director or the Director’s designee acting under PCT Rule 40.2(c) .
- (d) The international and search fees will be refunded if no international filing date is accorded or if the application is withdrawn before transmittal of the record copy to the International Bureau (PCT Rules 15.6 and 16.2 ). The search fee will be refunded if the application is withdrawn before transmittal of the search copy to the International Searching Authority. The transmittal fee will not be refunded.
- (e) The handling fee (§
1.482(b)
) will be refunded
(
PCT Rule 57.6
)
only if:
- (1) The Demand is withdrawn before the Demand has been sent by the International Preliminary Examining Authority to the International Bureau, or
- (2) The Demand is considered not to have been submitted ( PCT Rule 54.4(a) ).
[43 FR 20458, May 11, 1978; para. (b), 47 FR 41272, Sept. 17, 1982, effective Oct. 1, 1982; para.(b), 50 FR 9384, Mar. 7, 1985, effective May 8, 1985; 50 FR 31826, Aug. 6, 1985, effective Oct. 5, 1985; para. (d) amended and para. (e) added, 58 FR 4335, Jan. 14, 1993, effective May 1, 1993; para (a) revised and para. (b) added, 65 FR 54604, Sept. 8, 2000, effective Nov. 7, 2000; para. (c) revised, 68 FR 14332, Mar. 25, 2003, effective May 1, 2003]
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- Pct Amendments Article 19
- Pct Fees
- Pct International Preliminary Examination
- Pct Rectification
- Pct Request
| MPEP Section | Rules |
|---|---|
| MPEP § 1827.01 |