Is there a refund if an inter partes reexamination request is denied?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 6 Rules 5 Related FAQs 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. Yes, there is a partial refund available if an inter partes reexamination request is denied. According to MPEP 2648 : “After the time for petition has expired (without a petition being filed), or a petition has been filed and the decision affirms the denial of the request, a partial refund of the filing fee for the request for reexamination is made to the third party requester. 35 U.S.C. 312(c) and 37 CFR 1.26(c).” This means that if the request is denied and either no petition is filed within the allowed time frame or a petition is filed but unsuccessful, the requester will receive a partial refund of the filing fee. Related Rules from the Manual of Patent Examining Procedure 6 rules Collapse Petition for Inter Partes Reexamination Not Acceptable After September 16, 2012 MPEP 2648 No Acceptance After September 16, 2012 MPEP 2648 Reexamination Requests Prohibited After September 16, 2012 MPEP 1400.01 Permitted Request for Inventorship Correction Before September 16, 2012 MPEP 1004 Request for Republication Required for Amendments MPEP 1121 Petition for Oath from Assignee or Proprietary Interests MPEP 1002.02(b) Other Related FAQs 5 FAQs Collapse Can a requester challenge a basis for granting reexamination? Who reviews the petition for a denied inter partes reexamination request? What happens if a petition for inter partes reexamination is granted? Can the decision on a petition for inter partes reexamination be appealed? What is the process for petitioning a denial of an inter partes reexamination request?