What happens to the reexamination fee if no SNQ is raised in supplemental examination?

If no Substantial New Question of patentability (SNQ) is raised during supplemental examination, the fee for reexamination is refunded. According to MPEP 2818: “The fee for reexamination ordered as a result of supplemental examination, as set forth in 37 CFR 1.20(k)(2), will be refunded in accordance with 37 CFR 1.610(d).” This refund policy ensures that…

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When is the ex parte reexamination fee refunded in a supplemental examination proceeding?

The ex parte reexamination fee paid as part of a supplemental examination request may be refunded under specific circumstances. According to the MPEP: “The fee under 37 CFR 1.20(k)(2) for ex parte reexamination ordered as a result of a supplemental examination proceeding will be refunded, in accordance with 37 CFR 1.610(d), if the supplemental examination…

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Are there any circumstances where the ex parte reexamination fee can be refunded?

Are there any circumstances where the ex parte reexamination fee can be refunded? The USPTO has specific rules regarding refunds of ex parte reexamination fees. According to MPEP 2215: “If the Director decides not to institute reexamination under 35 U.S.C. 303(c), the reexamination filing fee will be refunded in accordance with 37 CFR 1.26(c).” However,…

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What is a transitional application in patent law?

A transitional application in patent law refers to a patent application that was filed during a specific transition period when patent laws or rules were changing. In the context of MPEP 803.03(b), it specifically relates to applications where fees were paid for additional species claims. The MPEP states: Whenever claims drawn to an additional species…

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When can an applicant request a refund for additional species claims in a transitional application?

According to MPEP 803.03(b), an applicant can request a refund for additional species claims in a transitional application when these claims are no longer withdrawn from consideration due to being fully embraced by an allowable generic claim. The MPEP states: Whenever claims drawn to an additional species in a transitional application for which applicant paid…

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