Can maintenance fees be refunded?

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.

Maintenance fees are generally not refundable, with limited exceptions. According to MPEP 2515, which cites 37 CFR 1.366(g):

“Maintenance fees and surcharges relating thereto will not be refunded except in accordance with §§ 1.26 and 1.28(a).“

This means that refunds are only possible in specific circumstances, such as when fees were paid by mistake or in excess, or in cases related to small entity status. It’s important to carefully review the payment amount and timing before submitting maintenance fees to avoid potential loss of funds.