Can appeal fees be refunded if a patent appeal is withdrawn or dismissed?
The refund of appeal fees in cases of withdrawal or dismissal depends on the specific circumstances and timing. Generally:
- If an appeal is withdrawn prior to the filing of an appeal brief, a portion of the appeal fee may be refunded.
- Once an appeal brief has been filed, typically no refund is available.
- In cases of dismissal, refunds are usually not granted unless there’s an error on the part of the USPTO.
For precise information on fee refunds, refer to MPEP 1215 and consult with a patent attorney. The USPTO’s fee schedule and refund policies should also be reviewed for the most current information.
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