How are fees calculated for multiple dependent claims?

Fees for multiple dependent claims are calculated differently from regular dependent claims. According to MPEP 608.01(n):

  • A multiple dependent claim is considered to be that number of dependent claims to which it refers.
  • Any claim depending from a multiple dependent claim is also considered as the number of dependent claims as referred to in the multiple dependent claim from which it depends.
  • If at least one multiple dependent claim is proper, the multiple dependent claim fee set forth in 37 CFR 1.16(j) will be required.

The USPTO uses Form PTO/SB/07 to assist in the computation of fees for multiple dependent claims. This form is placed in the application file by the Office of Patent Application Processing (OPAP) or the Technology Center (TC) technical support staff.

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Topics: Patent Law, Patent Procedure
Tags: patent fees, USPTO Forms