Can maintenance fees be refunded?
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.
To learn more:
Topics:
MPEP 2500 - Maintenance Fees,
MPEP 2515 - Information Required For Submission Of Maintenance Fee Payment,
Patent Law,
Patent Procedure