Can the issue fee be refunded?

The issue fee can be refunded under certain circumstances: If an application is withdrawn from issue, a refund of the issue fee may be requested. Refunds are subject to a $50 processing fee. The request for refund must be filed within two years from the date of payment of the issue fee. MPEP 1306 states:…

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What is the significance of the issue fee payment date?

The issue fee payment date is significant for several reasons: It determines the patent term adjustment under 35 U.S.C. 154(b). The patent will be issued approximately four weeks after the issue fee payment date. It affects the timing of maintenance fee payments for utility patents. MPEP 1306 notes: “The date of payment of the issue…

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What happens if I pay an incorrect issue fee amount?

If you pay an incorrect issue fee amount, the USPTO has provisions to handle this situation. According to MPEP 1306: “Where it is clear that an applicant actually intends to pay the issue fee and required publication fee, but the proper fee payment is not made, for example, an incorrect issue fee amount is supplied,…

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How does the timing of an IDS submission affect the examination process after allowance?

The timing of an Information Disclosure Statement (IDS) submission can significantly affect the examination process after a notice of allowance. MPEP 1308.01 provides guidance on this: “If an IDS is submitted after the mailing of a notice of allowance, it must comply with the requirements of 37 CFR 1.97(d).” The timing affects the process as…

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What determines the order in which patents are issued?

The order in which patents are issued is primarily determined by the date the issue fee was paid. According to MPEP 1309: “All allowed applications ready for printing will be selected by chronological sequence based on the date the issue fee was paid.” However, certain applications may receive special handling, which could affect the issuance…

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Can drawing corrections be made after payment of the issue fee?

Drawing corrections after payment of the issue fee are generally not permitted. However, there are specific circumstances where they may be allowed: If the application is withdrawn from issue Under the Quick Path Information Disclosure Statement (QPIDS) program For certain minor drawing corrections MPEP 608.02(p) states: “Drawing corrections, which usually require approval by the examiner,…

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