37 CFR 1.26 - Refunds
| Cite as | 37 CFR 1.26 |
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20 practice notes
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Patent cases: Patent business goals; implementation,
...in obtaining the non-profit small entity statement form signed by an appropriate official. In this situation, a refund pursuant to 37 CFR 1.26, based on establishing status as a small entity, may only be obtained if a statement under 37 CFR 1.27 and the request for the excess amount are fil......
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Christy, Inc. v. United States, No. 18-657C
...fee paid by mistake or any amount paid in excess of that required." 35 U.S.C. § 42(d). Patent fee refunds are governed by the terms of 37 C.F.R. § 1.26. See, e.g., Panos v. Dir. of USPTO, No. 3:14cv698, 2015 WL 5786826, at *1 (E.D. Va. Sept. 30, 2015). The Patent and Trademark Office has "i......
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The PTAB is Not an Article III Court: A Primer on Federal Agency Rule Making
...all claims (assuming that § 314 indeed has an ambiguity or gap) Elaboration of the refund statute and regulation, 35 U.S.C. § 42 and 37 C.F.R. § 1.26, in MPEP § 607.02 MPEP § 503, specifying PTO policy to accept a post card as sufficient, but not necessary, to show “to the satisfaction of t......
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Panos v. Dir. of the U.S. Patent & Trademark Office, Civil Action No. 3:14cv698
...by mistake or in excess of the fee required if requested within two years from when the fee was paid. 35 U.S.C. §§ 41(a)(2)(C), 42(d); 37 C.F.R. § 1.26(a)-(b). In addition to fees, Congress set certain statutory time limits for responding to any USPTO action, dictating that should an applic......
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7 cases
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Christy, Inc. v. United States, No. 18-657C
...fee paid by mistake or any amount paid in excess of that required." 35 U.S.C. § 42(d). Patent fee refunds are governed by the terms of 37 C.F.R. § 1.26. See, e.g., Panos v. Dir. of USPTO, No. 3:14cv698, 2015 WL 5786826, at *1 (E.D. Va. Sept. 30, 2015). The Patent and Trademark Office has "i......
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Panos v. Dir. of the U.S. Patent & Trademark Office, Civil Action No. 3:14cv698
...by mistake or in excess of the fee required if requested within two years from when the fee was paid. 35 U.S.C. §§ 41(a)(2)(C), 42(d); 37 C.F.R. § 1.26(a)-(b). In addition to fees, Congress set certain statutory time limits for responding to any USPTO action, dictating that should an applic......
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Patlex Corp. v. Mossinghoff, No. 84-699
...a decision to grant reexamination as set out in 37 C.F.R. Sec. 1.530(a) and MPEP Secs. 2240 and 2244; and the fee structure of 37 C.F.R. Sec. 1.26(c). Congress in performance of its legislative functions may leave it to administrative officials to establish rules within the prescribed limit......
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Patlex Corp. v. Mossinghoff, No. 84-699
...in the direction of granting the request for reexamination are contrary to the statutory mandate of 35 U.S.C. Sec. 303, and void. 37 C.F.R. Sec. 1.26(c) Gould also protests against the asserted prejudicial effect of 37 C.F.R. Sec. 1.26(c), which provides as If the Commissioner decides not t......
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5 firm's commentaries
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MBHB Snippets: Review of Developments in Intellectual Property Law - Winter 2013 - Volume 11, Issue 1
...be refunded automatically.16 However, the processing fee is retained to cover the cost of processing the request. In accordance with 37 C.F.R. § 1.26, the application fees, including the basic filing fee, search fee, examination fee, and any required application size or excess claim fees ca......
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MBHB Snippets: Review of Developments in Intellectual Property Law - Winter 2013 - Volume 11, Issue 1: If I Prioritize Examination of My Application, Should the Patent Office?
...be refunded automatically.16 However, the processing fee is retained to cover the cost of processing the request. In accordance with 37 C.F.R. § 1.26, the application fees, including the basic filing fee, search fee, examination fee, and any required application size or excess claim fees ca......
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Strategies for Expediting the Patenting Process
...Track One processing fee, set forth in 37 CFR 1.17(i), will be retained to cover the cost of processing the request. In accordance with 37 CFR 1.26, the application fees, including the basic filing fee, search fee, examination fee, and any required application size or excess claim fees cann......
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Prosecution Pointer 212
...wonder if you can get a refund after you pay an oral hearing fee? As provided under 37 CFR § 1.26(a), a change of purpose after the payment of a fee, such as when a party desires to withdraw a patent filing for which the fee was paid, including an application, an appeal, or a request for an......
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1 books & journal articles
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The PTAB is Not an Article III Court: A Primer on Federal Agency Rule Making
...all claims (assuming that § 314 indeed has an ambiguity or gap) Elaboration of the refund statute and regulation, 35 U.S.C. § 42 and 37 C.F.R. § 1.26, in MPEP § 607.02 MPEP § 503, specifying PTO policy to accept a post card as sufficient, but not necessary, to show “to the satisfaction of t......