What are the thresholds for excess claims fees in patent applications?

The thresholds for excess claims fees in patent applications are set by the USPTO. 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).

This means that:

  • You can have up to 3 independent claims without incurring excess claims fees.
  • You can have up to 20 total claims (including both independent and dependent claims) without incurring excess claims fees.
  • Any claims beyond these thresholds will require payment of excess claims fees.

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Tags: patent application