What happens to inventions for which the required fee is not paid in transitional applications?
In transitional applications, if the required fee for examining additional inventions is not paid, those inventions will be withdrawn from consideration. According to 37 CFR 1.129(b)(3):
“Each additional invention for which the required fee set forth in 37 CFR 1.17(s) has not been paid will be withdrawn from consideration under 37 CFR 1.142(b). An applicant who desires examination of an invention so withdrawn from consideration can file a divisional application under 35 U.S.C. 121.“
This means that applicants have the option to pursue the withdrawn inventions by filing separate divisional applications. This allows for the examination of the additional inventions while maintaining the benefit of the original filing date for priority purposes.
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