Can I get a refund if I withdraw my patent term extension application?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
No, withdrawing your patent term extension application does not entitle you to a refund of the filing fee. The MPEP 2764 clearly states:
“The filing of an express withdrawal pursuant to this section and its acceptance by the Office does not entitle applicant to a refund of the filing fee (§ 1.20(j)) or any portion thereof.”
This means that once you’ve paid the filing fee for a patent term extension application, it is non-refundable, even if you later decide to withdraw the application.
Topics:
Adjustments
And Extensions
MPEP 2700 - Patent Terms
MPEP 2764 - Express Withdrawal Of Application For Extension Of Patent Term
Patent Law
Patent Procedure