What happens if the issue fee has been paid when prosecution is reopened?
If the issue fee has been paid and prosecution is reopened due to a rejection after allowance, the applicant has several options. According to MPEP 1308.01:
“If the issue fee has already been paid and prosecution is reopened, the applicant may request a refund or request that the fee be credited to a deposit account. However, applicant may wait until the application is either found allowable or held abandoned.”
The applicant can choose to:
- Request an immediate refund
- Request the fee be credited to a deposit account
- Wait for the final outcome of the reopened prosecution
If the application is subsequently allowed, the applicant can request that the previously paid issue fee be applied to the new Notice of Allowance.
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