What is the significance of 37 CFR 1.17(s) in transitional patent applications?

37 CFR 1.17(s) is a regulation that sets forth certain fees in patent applications. In the context of transitional applications, as mentioned in MPEP 803.03(b), this regulation is significant because it relates to fees paid for additional species claims:

Whenever claims drawn to an additional species in a transitional application for which applicant paid the fee set forth in 37 CFR 1.17(s) are no longer withdrawn from consideration because they are fully embraced by an allowable generic claim, applicant should be notified that he or she may request a refund of the fee paid for that additional species.

This means that in transitional applications, applicants who paid fees according to 37 CFR 1.17(s) for additional species claims may be eligible for a refund if those claims are later fully covered by an allowable generic claim. The regulation thus plays a crucial role in determining fee structures and potential refunds in these specific types of patent applications.

To learn more:

• 37 CFR 1.17(s)
• transitional applications
• patent fees
• species claims
• refund eligibility