How does the USPTO handle excess claims in a prioritized examination application?

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.

The USPTO has specific procedures for handling excess claims in a prioritized examination application:

According to MPEP 708.02(b): ‘If the application contains more than 4 independent claims or 30 total claims, or any multiple dependent claim, applicant will be given a non-extendable time period of 2 months to cancel the excess claims and/or the multiple dependent claim(s) or submit an amendment to place the application in condition for examination.’

If the applicant fails to comply with these requirements within the given time period, the following actions will occur:

• The application will be removed from the prioritized examination program.
• The application will be returned to the regular examination process.
• The prioritized examination fee will not be refunded.

It’s crucial for applicants to carefully review their claims before submitting a request for prioritized examination to avoid potential delays and additional costs.