Can I get a refund if my request for prioritized examination is dismissed?
Yes, if your request for prioritized examination is dismissed, the prioritized examination fee will be automatically refunded. However, the processing fee will be retained. 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. The processing fee set forth in 37 CFR 1.17(i) will be retained to cover the cost of processing the request.
Other application fees (basic filing fee, search fee, examination fee, etc.) are generally not refundable, but you may be able to request a refund of the search fee and excess claims fees by filing a petition for express abandonment, or request a refund of the publication fee if the application is not published.
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