What happens if I overpay a patent fee to the USPTO?

What happens if I overpay a patent fee to the USPTO?

If you overpay a patent fee to the USPTO, you may be eligible for a refund. The MPEP 509 states: ‘In the event that an amount is paid by mistake or in excess of that required, a refund may be made only if a petition for refund is filed within 2 years after the date the fee was paid.’

To request a refund:

  1. File a petition for refund within 2 years of the payment date
  2. Clearly explain the reason for the overpayment
  3. Provide evidence of the overpayment

It’s important to note that not all overpayments are automatically refunded, so proactive action is necessary to recover excess fees.

To learn more:

Topics: MPEP 500 - Receipt and Handling of Mail and Papers, MPEP 509 - Payment of Fees, Patent Law, Patent Procedure
Tags: Overpayment, patent fees, Petition For Refund, Refund, USPTO