Are there additional fees for adding claims during reexamination?

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.

Yes, there may be additional fees for adding claims during reexamination. MPEP 2221 states:

“If an amendment is submitted to add claims to the patent being reexamined, then excess claims fees pursuant to 37 CFR 1.20(c)(3) and (c)(4) may be applicable to the presentation of the added claims.”

These excess claims fees are detailed in 37 CFR 1.20(c)(3) and (c)(4). For a more comprehensive discussion of excess claim fees in the context of reexamination, refer to MPEP § 2250.03. It’s important for patent owners to consider these potential fees when planning to add claims during the reexamination process.