How are excess claim fees handled in ex parte reexamination requests?

Excess claim fees may apply to ex parte reexamination requests under certain circumstances:

1. When the request is filed by the patent owner
2. The request includes a proposed amendment in accordance with 37 CFR 1.530

The MPEP states: “In addition, regardless of which filing fee is submitted, if the request under 35 U.S.C. 302 is filed by the patent owner and includes a proposed amendment in accordance with 37 CFR 1.530, excess claims fees under 37 CFR 1.20(c)(3) and (c)(4) may also apply;“

For more information on excess claim fees in ex parte reexamination, refer to MPEP § 2250.03.

It’s important to note that excess claim fees are in addition to the basic filing fee for the reexamination request. Patent owners should carefully consider the number of claims in their proposed amendments to avoid unexpected fees.

To learn more:

• ex parte reexamination
• excess claim fees
• patent amendments
• USPTO fees