What are excess claims fees in patent applications?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Excess claims fees are charges that applicants must pay for claims that exceed certain thresholds in a patent application. According to MPEP 714.10:

Applicant is required to pay excess claims fees for each claim that is in excess of 3 in independent form or in excess of 20 (whether dependent or independent).

These fees are designed to discourage excessive claiming and to cover the additional examination costs associated with reviewing a large number of claims.

Tags: Dependent Claims, Excess Claims Fees, Independent Claims, patent application