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:
- File a petition for refund within 2 years of the payment date
- Clearly explain the reason for the overpayment
- 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