[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR1.26]

[Page 32-33]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
                         DEPARTMENT OF COMMERCE
 
PART 1--RULES OF PRACTICE IN PATENT CASES--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 1.26  Refunds.

    (a) The Commissioner may refund any fee paid by mistake or in excess 
of that required. A change of purpose after the payment of a fee, such 
as when a party desires to withdraw a patent or trademark filing for 
which the fee was paid, including an application, an appeal, or a 
request for an oral hearing, will not entitle a party to a refund of 
such fee. The Office will not refund amounts of twenty-five dollars or 
less unless a refund is specifically requested, and will not notify the 
payor of such amounts. If a party paying a fee or requesting a refund 
does not provide the banking information necessary for making refunds by 
electronic funds transfer (31 U.S.C. 3332 and 31 CFR part 208), or 
instruct the Office that refunds are to be credited to a deposit 
account, the Commissioner may require such information, or use the 
banking information on the payment instrument to make a refund. Any 
refund of a fee paid by credit card will be by a credit to the credit 
card account to which the fee was charged.
    (b) Any request for refund must be filed within two years from the 
date the fee was paid, except as otherwise provided in this paragraph or 
in Sec. 1.28(a). If the Office charges a deposit account by an amount 
other than an amount specifically indicated in an authorization 
(Sec. 1.25(b)), any request for refund based upon such charge 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. The time periods set forth in this paragraph are not 
extendable.
    (c) If the Commissioner decides not to institute a reexamination 
proceeding, for ex parte reexaminations filed under Sec. 1.510, a refund 
of $1,690 will be made to the reexamination requester. For inter partes 
reexaminations filed under Sec. 1.913, a refund of

[[Page 33]]

$7,970 will be made to the reexamination requester. The reexamination 
requester should indicate the form in which any refund should be made 
(e.g., by check, electronic funds transfer, credit to a deposit account, 
etc.). Generally, reexamination refunds will be issued in the form that 
the original payment was provided.

(35 U.S.C. 6; 15 U.S.C. 1113, 1123)

[47 FR 41274, Sept. 17, 1982, as amended at 50 FR 31826, Aug. 6, 1985; 
54 FR 6902, Feb. 15, 1989; 56 FR 65153, Dec. 13, 1991; 57 FR 38195, Aug. 
21, 1992; 62 FR 53183, Oct. 10, 1997; 65 FR 54659, Sept. 8, 2000; 65 FR 
76773, Dec. 7, 2000]