How do amendments affect fees in reissue applications?

Amendments in reissue applications can affect fees, particularly excess claims fees. Key points to consider: Excess claims fees, if any, must be paid before the examiner considers the amendment. Fees are calculated based on the claims that would be present if the amendment were entered. If an amendment only revises existing claims without adding new…

Read More

What are excess claims fees in patent applications?

Excess claims fees are charges that applicants must pay for claims that exceed certain thresholds in a patent application. According to MPEP 714.10: Applicant is required to pay excess claims fees for each claim that is in excess of 3 in independent form or in excess of 20 (whether dependent or independent). These fees are…

Read More

How does canceling claims affect excess claims fees?

Canceling claims can affect the calculation of excess claims fees, but it doesn’t necessarily eliminate the need to pay fees for new claims. MPEP 714.10 provides an example: For example, in an application that contains 6 independent claims and 30 total claims for which the excess claims fees were previously paid, when applicant cancels 10…

Read More

What are excess claims fees and when do they apply?

Excess claims fees are additional fees charged for patent applications that contain more than a certain number of claims. According to the MPEP: 37 CFR 1.16(h) sets the fee for each independent claim in excess of three. 37 CFR 1.16(i) sets the fee for each claim (independent or dependent) in excess of twenty. The MPEP…

Read More