Patent and trademark fees that have been paid generally cannot be refunded, and the payment method that was used cannot be changed afterwards. In very limited situations, a refund of fees paid may be allowed. Carefully review the information provided below prior to submitting a refund request. (Note that a change of purpose after paying a fee will not entitle a party to a refund of such fee. When an applicant or patentee takes an action “by mistake” (e.g., files an application or maintains a patent “by mistake”), the payment of fees is not a “fee paid by mistake” and a refund is not allowed.)
Time limits for refund requests
Refund requests must be filed within two years from the date the fee was paid. If a deposit account was charged an amount other than an amount specifically indicated in an authorization, the refund request must be filed within two years from the date of the deposit account statement indicating such charge, and include a copy of that deposit account statement (37 CFR 1.26 and 2.209).
For patents where small entity status is later established, the refund request and small entity assertion must be filed within three months of the date of the timely payment of the full fee (37 CFR 1.28).
(Note: A refund is not allowed for patents where micro entity status is later established, since a fee may be paid in the micro entity amount only if it is submitted with, or subsequent to, the submission of a certification of entitlement to micro entity status (37 CFR 1.29(f)).)
The two year and three month time periods are not extendable.
For patents where small entity status is later established, the refund request and small entity assertion must be filed within three months of the date of the timely payment of the full fee (37 CFR 1.28).
(Note: A refund is not allowed for patents where micro entity status is later established, since a fee may be paid in the micro entity amount only if it is submitted with, or subsequent to, the submission of a certification of entitlement to micro entity status (37 CFR 1.29(f)).)
The two year and three month time periods are not extendable.
Who can submit a refund request
The original fee payer should submit the refund request. Alternatively, an individual who is a recognized party under 37 CFR 1.33(b) may submit the refund request on behalf of the original fee payer, provided that the requester acknowledges the refund should be issued back to the original fee payer. A recognized party can be:
- A registered practitioner (an attorney or agent who is either of record or acting in a representative capacity under 37 CFR 1.34)
- A sole inventor identified as the applicant, or the legal representative identified as the only applicant
- A single joint inventor with power of attorney by way of form AIA/81 or equivalent
- An assignee identified as the applicant in an application filed on or after September 16, 2012 (only if the assignee is a person.) All papers submitted on behalf of a juristic entity must be signed by a patent practitioner per 37 CFR 1.33(b).
What to provide in a refund request
We recommend using the Request for Refund form PTO-2326. At a minimum, you should provide the following with your request:
- USPTO reference # (i.e., patent application #, trademark serial #, etc.)
- Payment date
- Refund request amount
- Reason for refund request (e.g., duplicate payment, no fee due, office error, small entity later established) with a description of the rationale
- Supporting documentation, if applicable
- Contact information including email and mailing addresses
Note: Requests for express abandonments to obtain a refund of the patent search fee and excess claims fee should be filed as instructed on form PTO/AIA/24B instead.
Where to submit a refund request
Please use one of the following three options:
- Submit in Patent Center (Patents customers only)
Must be a registered Patent Center user. Refund requests must be filed as a follow-on submission. Select “Request for Refund” from the document description menu. - Submit by fax
Complete the Request for Refund form and fax to 571-273-6500. - Submit by mail
Complete the Request for Refund form and mail to:
Mail Stop 16
Director of the U.S. Patent and Trademark Office
P.O. Box 1450
Alexandria, VA 22313-1450
About refunds
An acknowledgement email confirming receipt will be sent to the email address provided on the request. It generally takes about one month for the appropriate program area to process refund requests, and a decision letter indicating the outcome will be sent to the mailing address provided on the request.
How will I receive the refund if my request is approved?
We will generally issue the refund in the same form in which the original payment was made.
For patents where micro entity status is later established, can I obtain a refund of a portion of the fees paid?
No, since a fee may be paid in the micro entity amount only if it is submitted with, or subsequent to, the submission of a certification of entitlement to micro entity status.
Refund of patent paper filings fees during designated significant system outages
A separate webpage has been created with information for completing alternative electronic filing and requesting a refund. This page includes Federal Register Notice 83 FR 44264 detailing the procedure and the required USPTO form to use.
Trademark fee refunds
Trademark fees are generally not refunded by the USPTO. Trademark customers should refer to the Trademark fee information page for additional information prior to submitting a refund request.
How will I receive the refund if my request is approved?
We will generally issue the refund in the same form in which the original payment was made.
For patents where micro entity status is later established, can I obtain a refund of a portion of the fees paid?
No, since a fee may be paid in the micro entity amount only if it is submitted with, or subsequent to, the submission of a certification of entitlement to micro entity status.
Refund of patent paper filings fees during designated significant system outages
A separate webpage has been created with information for completing alternative electronic filing and requesting a refund. This page includes Federal Register Notice 83 FR 44264 detailing the procedure and the required USPTO form to use.
Trademark fee refunds
Trademark fees are generally not refunded by the USPTO. Trademark customers should refer to the Trademark fee information page for additional information prior to submitting a refund request.