Are 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, search fee, examination fee) are generally not refundable.
- Search fee and excess claims fees may be refunded if you file a petition for express abandonment.
- The publication fee may be refunded if the application is not published.
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 paid) without the need for applicant to request such a refund.
However, it’s important to note that As the termination of prioritized examination does not cause the prioritized examination fee to have been paid by mistake or in an amount in excess of that required, the termination of prioritized examination will not entitle the applicant to a refund of the prioritized examination fee.
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