How can I request a refund for fees paid in an international patent application?
To request a refund for fees paid in an international patent application or a national stage application, you need to submit a request under 37 CFR 1.26 or 1.446 to the Director of International Patent Legal Administration. As stated in MPEP 1002.02(p): “Requests under 37 CFR 1.26 or 1.446 for refund of fees paid in…
Read MoreAre refunds available if prioritized examination is terminated or dismissed?
Refunds are available for certain fees if prioritized examination is dismissed or terminated, but not all fees are refundable. According to the MPEP: The prioritized examination fee will be automatically refunded if the request is dismissed. The processing fee will be retained to cover the cost of processing the request. Application fees (basic filing fee,…
Read MoreWhat is the fee structure for prioritized examination?
The fee structure for prioritized examination includes: Prioritized examination fee (37 CFR 1.17(c)) Processing fee (37 CFR 1.17(i)(1)) Publication fee (37 CFR 1.18(d)) Regular filing, search, and examination fees Any excess claims fees or application size fees, if applicable The MPEP notes: Upon filing the request for prioritized examination, the following fees must be paid…
Read MoreCan I get a refund if my request for prioritized examination is dismissed?
Yes, if your request for prioritized examination is dismissed, the prioritized examination fee will be automatically refunded. However, the processing fee will be retained. The MPEP states: If a request for prioritized examination is dismissed, the prioritized examination fee set forth in 37 CFR 1.17(c) will be refunded. This fee will be refunded automatically (if…
Read MoreWhat happens if the fee paid to the USPTO is insufficient?
If an applicant pays an insufficient fee to the USPTO, the Office will notify the applicant and provide an opportunity to submit the remaining balance. According to MPEP 509: If the fee paid by the applicant is insufficient, either because the notice specified an incorrect dollar amount for the fee or because of a fee…
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