Are there additional fees for amendments after notice of allowance?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs 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 amendments after notice of allowance, particularly if the amendment adds claims. According to MPEP 714.16(c) : “If the amendment under 37 CFR 1.312 adds claims (total and independent) in excess of the number previously paid for, additional fees are required. The amendment is not considered by the examiner unless accompanied by the full fee required.” It’s important to note that these fees are in addition to any fees already paid during the prosecution of the application. Applicants should consult the current USPTO fee schedule and MPEP 607 for specific fee information. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Additional Claims Require Full Fee MPEP 714.16(c) Required Additional Claims Require Extra Fees MPEP 714.16(c) Required Excess Claims Fees Required for Amendments MPEP 714 Required Amendment Fees Must Be Paid Before Review MPEP 607 Required Notice of Non-Compliant Amendment Required for After-Final Amendments MPEP 714 Recommended Claims in Original Patent Not Considered for Reissue Fee MPEP 607 Notice of Non-Compliant Amendment Required MPEP 714 Permitted Excess Claims Fee for Additional Claims MPEP 607 Examiner’s Changes to Claims Not Subject to Section Requirements MPEP 714 Required Paragraph Numbering for Amendments Must Match Original MPEP 714 Permitted Other Related FAQs 5 FAQs Collapse Where can I find information about fees for additional claims in a 37 CFR 1.312 amendment? What happens if an amendment under 37 CFR 1.312 adds claims exceeding the previously paid number? What types of claims are subject to additional fees in a 37 CFR 1.312 amendment? When will an examiner consider an amendment under 37 CFR ...