What happens if my petition for delayed payment of maintenance fees is refused?
If your petition for delayed payment of maintenance fees is refused, you have options according to MPEP 2590: Petition for Reconsideration: You can file a petition for reconsideration within two months of the decision, or within the time specified in the decision. Refund of Maintenance Fee: If the delayed payment is not accepted, the maintenance…
Read MoreWhat happens to the reexamination fee if a supplemental examination request is not granted a filing date?
If a supplemental examination request is not granted a filing date due to non-compliance with the requirements, the USPTO has a specific policy regarding the reexamination fee. According to MPEP 2812.01: “If the patent owner does not timely comply with the notice, the request for supplemental examination will not be granted a filing date and…
Read MoreWhat happens if a maintenance fee is paid in the wrong amount?
If a maintenance fee is paid in the wrong amount, the following applies: If the fee paid is insufficient, the patent will expire unless the remaining balance is paid within the grace period along with any surcharge. If the fee paid exceeds the required amount, a refund may be requested. As stated in MPEP 2575:…
Read MoreIs there a refund if an inter partes reexamination request is denied?
Yes, there is a partial refund available if an inter partes reexamination request is denied. According to MPEP 2648: “After the time for petition has expired (without a petition being filed), or a petition has been filed and the decision affirms the denial of the request, a partial refund of the filing fee for the…
Read MoreWhat happens if a patent owner doesn’t respond to a Notice of Noncompliant Supplemental Examination Request?
If a patent owner fails to respond to a Notice of Noncompliant Supplemental Examination Request within the specified time, there are consequences. The MPEP states: If the patent owner does not timely comply with the notice, the request for supplemental examination will not be granted a filing date and the fee for reexamination as set…
Read MoreWhat happens after a reexamination request is denied?
After a reexamination request is denied, several administrative steps are taken: The Central Reexamination Unit (CRU) processes the decision for mailing. A one-month period is allowed for filing a petition seeking review of the denial. If no petition is filed, the CRU processes a partial refund as per 37 CFR 1.26(c). The reexamination proceeding is…
Read MoreHow does the USPTO handle overpayment of issue or publication fees?
The USPTO has specific procedures for handling overpayments of issue or publication fees. According to MPEP 1306: “An overpayment of an issue fee will be refunded to the applicant or, if the applicant so instructs, may be applied to another application of the applicant. Overpayment of less than $1 will not be refunded unless specifically…
Read MoreCan I request a refund of the issue fee after paying it?
Generally, once you’ve paid the issue fee, requesting a refund is not straightforward. The MPEP 1306 states: “The issue fee and any publication fee that have been paid will not be refunded after the application has been placed in the printing cycle.” However, there are some exceptions: If you file a petition to withdraw the…
Read MoreWhen can an applicant request a refund for fees paid on additional inventions?
According to MPEP 803.03(a), an applicant can request a refund for fees paid on additional inventions in a transitional application when certain conditions are met. Specifically: “Whenever divided inventions in a transitional application are rejoined because a linking claim is allowable ( MPEP § 809 , § 821.04 , and § 821.04(a) ) and applicant…
Read MoreIs the publication fee refundable if my patent application is not published?
Yes, the publication fee is refundable if your patent application is not published. The MPEP states: “The Office will refund the publication fee (if paid) if the application is not published as a patent application publication, but will not refund the publication fee if the application is published as a patent application publication, even if…
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