Are maintenance fees refundable if a patent expires early?
Generally, maintenance fees are not refundable if a patent expires early. The MPEP 2520 provides clear guidance on this matter: “37 CFR 1.366(g) provides that maintenance fees and surcharges relating thereto will not be refunded except in accordance with 37 CFR 1.26 and 1.28(a). A patentee cannot obtain a refund of a maintenance fee that…
Read MoreWhat happens if a requester fails to complete an inter partes reexamination request within the specified time?
If a requester fails to complete an inter partes reexamination request within the specified time, the USPTO takes specific actions: The request is not granted. The incomplete request papers are placed in the patent file. The fee paid is refunded, with certain exceptions. MPEP 2626 states: “Where the request is not granted, the request papers…
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