Are disclaimed or previously canceled claims counted when calculating excess claims fees?
No, disclaimed or previously canceled claims are not counted when calculating excess claims fees in reexamination proceedings. According to MPEP 2666.04: “A claim that has been disclaimed under 35 U.S.C. 253 and 37 CFR 1.321(a) as of the date of filing of the request for reexamination is not considered to be a claim in the…
Read More