How does the USPTO handle excess claims in a Prioritized Examination application?
The USPTO has specific procedures for handling excess claims in a Prioritized Examination application:
According to MPEP 708.02(b): “If an application contains more than 4 independent claims or 30 total claims, the applicant will be notified and given a non-extendable time period of one month or thirty days, whichever is longer, to cancel the excess claims or submit an amendment to place the application in condition for examination under prioritized examination.”
If the applicant fails to comply within the given time period, the application will be removed from the Prioritized Examination program and processed as a regular application.
To learn more: