How 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 claims, 2 of which are independent, and adds 11 claims, 3 of which are independent, excess claims fees for a 7th independent claim and a 31st claim are required.
This example shows that even though claims were canceled, new excess claims fees were still required because the total number of claims and independent claims exceeded the previously paid-for limits after the additions.
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