When is the ex parte reexamination fee refunded in a supplemental examination proceeding?
The ex parte reexamination fee paid as part of a supplemental examination request may be refunded under specific circumstances. According to the MPEP:
“The fee under 37 CFR 1.20(k)(2) for ex parte reexamination ordered as a result of a supplemental examination proceeding will be refunded, in accordance with 37 CFR 1.610(d), if the supplemental examination certificate indicates that no substantial new question of patentability (SNQ) was raised by any of the items of information properly submitted as part of the request, and reexamination is not ordered.”
In other words, if the supplemental examination does not result in a finding of a substantial new question of patentability and no reexamination is ordered, the ex parte reexamination fee will be refunded to the patent owner.
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