What happens if a higher fee is paid for an ex parte reexamination request than required?

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.

If a higher fee is paid for an ex parte reexamination request than required, the following process applies:

1. The higher fee will be accepted by the USPTO
2. The requester can file a request for a refund
3. The refund request should include reasons why the requester believes the original request meets the requirements for a reduced filing fee

The MPEP states: “If, on the Request for Ex Parte Reexamination Transmittal Form PTO/SB/57 or an equivalent, the requester checks the box indicating the requester’s intent to submit a reduced filing fee pursuant to 37 CFR 1.20(c)(1), but submits a filing fee pursuant to 37 CFR 1.20(c)(2), the filing fee pursuant to 37 CFR 1.20(c)(2) will be accepted. The requester may file a request for refund accompanied by the reasons why the requester believes that the request meets the requirements for a reduced filing fee pursuant to 37 CFR 1.20(c)(1).“

This policy ensures that the request is processed without delay while allowing the requester to seek a refund if they believe they qualify for the lower fee. It’s important for requesters to carefully review the fee requirements before submitting their request to avoid overpayment.