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 claims fees are required for:
- Each independent claim in excess of three (37 CFR 1.16(h))
- Each claim (independent or dependent) in excess of twenty (37 CFR 1.16(i))
For example, if a reissue application is filed with 4 independent claims and 21 total claims, excess claims fees would be required for the 4th independent claim and the 21st total claim, regardless of the number of claims in the original patent.
To learn more: