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