How does the USPTO handle overpayment of issue or publication fees?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

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.

The USPTO has specific procedures for handling overpayments of issue or publication fees. According to MPEP 1306:

“An overpayment of an issue fee will be refunded to the applicant or, if the applicant so instructs, may be applied to another application of the applicant. Overpayment of less than $1 will not be refunded unless specifically requested within a reasonable time.”

This means that if you overpay the issue or publication fee, you have two options:

  • Request a refund of the overpayment
  • Apply the overpayment to another of your patent applications

However, note that overpayments of less than $1 will only be refunded if you specifically request it within a reasonable timeframe.

Tags: issue fee, Overpayment, publication fee, Refund, USPTO procedures