What happens if a voluntary publication request doesn’t meet the requirements?
If a request for voluntary publication does not meet the specified requirements, particularly the Electronic Filing System (EFS) requirements, the USPTO will not process the request and will refund the publication fee.
MPEP 1133 states: “If the request does not comply with the requirements of this paragraph or the copy of the application does not comply with the Office electronic filing system requirements, the Office will not publish the application and will refund the publication fee.“
It’s important to note that while the publication fee will be refunded, the processing fee is typically non-refundable. To avoid delays and potential refusals, applicants should ensure their request fully complies with all requirements, especially the EFS guidelines, before submission.
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