Can I get a refund if I establish small entity status after paying full fees?

Yes, you can request a refund if you establish small entity status after paying full fees, but there are strict time limits:

• You must file an assertion of small entity status and a refund request within 3 months of the date of the full fee payment
• This 3-month period cannot be extended

According to 37 CFR 1.28(a): “A refund pursuant to § 1.26, based on establishment of small entity status, of a portion of fees timely paid in full prior to establishing status as a small entity may only be obtained if an assertion under § 1.27(c) and a request for a refund of the excess amount are filed within three months of the date of the timely payment of the full fee. The three-month time period is not extendable under § 1.136.”

To learn more:

• small entity status
• patent fees
• refunds

To learn more:

• USPTO procedures