How does the USPTO handle excess claim fees for PCT applications entering the national stage?
The USPTO has specific rules for handling excess claim fees in PCT applications entering the national stage. According to MPEP 1893.01(c):
“Excess claims fees, if any, due under 37 CFR 1.492(d)-(e) based on the number of claims present in the application on filing must be paid within the time period set forth in 37 CFR 1.492(j). See MPEP § 1893.01(c).”
This means that:
- Excess claim fees are calculated based on the number of claims present in the application at the time of filing.
- These fees must be paid within the time period specified in 37 CFR 1.492(j).
- The time period is typically within the later of three months from the date of entry into the national stage or the expiration of the time limit set in the PCT Article 22 or 39.
It’s important for applicants to be aware of these requirements to avoid potential issues with their application processing.
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