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…
Read MoreWhen 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…
Read MoreAre 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,…
Read MoreWhat 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…
Read MoreWhen 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can request a refund for additional species claims in a transitional application when these claims are no longer withdrawn from consideration due to being fully embraced by an allowable generic claim.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…
Read MoreCan appeal fees be refunded if a patent appeal is withdrawn or dismissed?
The refund of appeal fees in cases of withdrawal or dismissal depends on the specific circumstances and timing. Generally: If an appeal is withdrawn prior to the filing of an appeal brief, a portion of the appeal fee may be refunded. Once an appeal brief has been filed, typically no refund is available. In cases…
Read MoreCan I get a refund of the search fee and excess claims fee by abandoning my application?
Yes, it is possible to obtain a refund of the search fee and excess claims fee by abandoning your application, but specific conditions must be met. According to MPEP 711.01, Section III: As provided in 37 CFR 1.138(d), refund of the search fee and excess claims fee paid in an application filed under 35 U.S.C.…
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