When can an applicant request a refund for fees paid on additional inventions?
According to MPEP 803.03(a), an applicant can request a refund for fees paid on additional inventions in a transitional application when certain conditions are met. Specifically:
“Whenever divided inventions in a transitional application are rejoined because a linking claim is allowable ( MPEP § 809 , § 821.04 , and § 821.04(a) ) and applicant paid the fee set forth in 37 CFR 1.17(s) for the additional invention, applicant should be notified that he or she may request a refund of the fee paid for that additional invention.”
In other words, if:
- The application is a transitional application
- Inventions were previously divided
- A linking claim is found allowable, leading to rejoinder of the inventions
- The applicant had paid the fee for an additional invention
Then the applicant may be eligible to request a refund for the fee paid for the additional invention.
To learn more: