Are maintenance fees refundable if a patent expires early?

Generally, maintenance fees are not refundable if a patent expires early. The MPEP 2520 provides clear guidance on this matter: “37 CFR 1.366(g) provides that maintenance fees and surcharges relating thereto will not be refunded except in accordance with 37 CFR 1.26 and 1.28(a). A patentee cannot obtain a refund of a maintenance fee that…

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How are maintenance fee amounts determined for patents?

Maintenance fee amounts for patents are set by 37 CFR 1.20(e)-(h) and are subject to adjustment based on fluctuations in the Consumer Price Index, as per 35 U.S.C. 41(f). The MPEP states: “The maintenance fee amounts are subject to adjustment to reflect fluctuations occurring in the Consumer Price Index pursuant to 35 U.S.C. 41(f).” Additionally,…

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Where can I find the current patent maintenance fee amounts?

To find the current patent maintenance fee amounts, you have two primary options according to MPEP 2520: Contact the Maintenance Fee Branch of the USPTO directly. Visit the USPTO Fee Information website. The MPEP states: “The Maintenance Fee Branch may be contacted or the USPTO Fee Information website (www.uspto.gov/Fees) may be accessed for the current…

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