How are excess claims fees determined for reissue applications?
Excess claims fees for reissue applications are determined based on the number of claims in the reissue application itself, not the original patent. The MPEP clearly states: “Under 37 CFR 1.16(h) and (i), the number of claims in the original patent is not relevant in determining the excess claims fee for a reissue application.” Excess…
Read MoreHow 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 MoreWhat are the thresholds for excess claims fees in patent applications?
The thresholds for excess claims fees in patent applications are set by the USPTO. 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). This means that: You can have up to…
Read MoreHow are excess claims fees calculated for multiple dependent claims?
The calculation of excess claims fees for multiple dependent claims is handled differently than for regular claims. According to MPEP 714.10: Fees for a proper multiple dependent claim are calculated based on the number of claims to which the multiple dependent claim refers (37 CFR 1.75(c)) and a separate fee is also required in each…
Read MoreWhat 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 MoreHow 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 MoreWhat 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…
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