What are excess claims fees and when do they apply?

Excess claims fees are additional fees charged for patent applications that contain more than a certain number of claims. According to the MPEP:

• 37 CFR 1.16(h) sets the fee for each independent claim in excess of three.
• 37 CFR 1.16(i) sets the fee for each claim (independent or dependent) in excess of twenty.

The MPEP states: The excess claims fees specified in 37 CFR 1.16(h) and (i) apply to any excess claims fee paid, regardless of the filing date of the application and regardless of the date on which the claim necessitating the excess claims fee payment was added to the application.

These fees also apply to reissue applications, but the claims in the original patent are not counted when determining excess claims fees for a reissue application. For applications filed without claims, excess claims fees are due when the excess claims are presented in the application.

To learn more:

• excess claims fees
• patent fees
• claim count
• USPTO fees