How are excess claims fees calculated in inter partes reexamination?

Excess claims fees in inter partes reexamination are calculated based on the number of claims added beyond certain thresholds. According to MPEP 2666.04:

• Independent claims fee (37 CFR 1.20(c)(3)): Due for each independent claim in excess of three AND in excess of the number of independent claims in the patent being reexamined.
• Total claims fee (37 CFR 1.20(c)(4)): Due for each claim (independent or dependent) in excess of twenty AND in excess of the number of claims in the patent being reexamined.

The MPEP provides examples to illustrate these calculations:

“No excess claims fee is due if the patent owner cancels ten claims, two of which are independent, and adds ten claims, two of which are independent.”

This example shows that fees are only due when the thresholds are exceeded, not for simply adding claims.

To learn more:

• excess claims fees
• inter partes reexamination
• claim calculations
• USPTO fees