What effect does a preliminary amendment have on fees in a PCT national stage application?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. A preliminary amendment filed with the initial national stage submission can affect the fees due for a PCT national stage application. MPEP 1893.01(c) states: “A preliminary amendment accompanying the initial national stage submission under 35 U.S.C. 371 that is effective to cancel claims and/or eliminate multiple dependent claims will be effective to reduce the number of claims to be considered in calculating extra claim fees required under 37 CFR 1.492(d) – (e) and/or eliminate the multiple dependent claim fee required under 37 CFR 1.492(f).” However, it’s important to note that amendments filed after the initial submission will not result in a refund of fees already paid. This provision allows applicants to potentially reduce fees at the time of national stage entry through strategic claim amendments. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Preliminary Amendment Reduces Claim Fees MPEP 1893.01(c) Required National Stage Application Timing and Art Status MPEP 1893 Article 34 Amendments Not Considered in Fee Calculation MPEP 1893.01(c) Prior Art Known Before National Stage Begins MPEP 1893 Use U.S. Application Number for National Stage Communications MPEP 1893 Recommended Include International Filing Date for National Stage Applications MPEP 1893 Recommended Amendments Not Entitled to Refund MPEP 1893.01(c) Fees for National Applications Not International MPEP 1893.01(c) Authorization to Charge Fees Transfers MPEP 1893.01(c) Publication of National Stage Applications Filed After November 29, 2000 MPEP 1120 Other Related FAQs 5 FAQs Collapse What is the application size fee for U.S. national stage applications? What are the basic national fee requirement...