What happens if the number of claims exceeds the limit during prioritized examination?
What happens if the number of claims exceeds the limit during prioritized examination?
If the number of claims exceeds the limit during prioritized examination, the application may lose its prioritized status. According to MPEP 708.02(b):
“If an amendment is filed subsequent to the filing date of an application under prioritized examination that results in more than four independent claims, more than thirty total claims, or a multiple dependent claim, then prioritized examination will be terminated.”
This means:
- The application must maintain no more than 4 independent claims and 30 total claims throughout the prioritized examination process.
- If an amendment exceeds these limits, the prioritized examination will be terminated.
- The application will return to standard examination procedures.
- The prioritized examination fee will not be refunded.
Applicants should carefully consider any amendments to ensure they do not exceed the claim limits and jeopardize their prioritized examination status.
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