How do amendments affect fees in reissue applications?
Amendments in reissue applications can affect fees, particularly excess claims fees. Key points to consider:
- Excess claims fees, if any, must be paid before the examiner considers the amendment.
- Fees are calculated based on the claims that would be present if the amendment were entered.
- If an amendment only revises existing claims without adding new ones, no excess claim fee is required.
- Excess claims fees apply only to the addition of claims, not their revision or cancellation.
The MPEP states:
“Amendments filed before a first Office action, or otherwise not filed in reply to an Office action, presenting additional claims in excess of the number already paid for, not accompanied by the full additional claims fee due, will not be entered in whole or in part and applicant will be so notified.”
It’s important to note that previously paid excess claims fees are not refundable, even if claims are later canceled. For more information on how amendments affect application processing, see MPEP § 714.03.
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