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

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Excess Claims Fees for Additional Independent and Dependent Claims MPEP 714.10 Required Excess Claims Fees Required for Amendments MPEP 714 Required Excess Claims Fees Requirement MPEP 714 Excess Claims Fees for New Claims After Cancellations MPEP 714.10 Required Fees for Proper Multiple Dependent Claims Required in Each Application MPEP 714.10 Required Examiner Can Amend Claims Without Replacement MPEP 714 Response to Final Office Action Required to Avoid Abandonment MPEP 714 Notice for Non-Compliant Amendments Required MPEP 714 Required Canceled Claims Must Not Include Text MPEP 714 Prohibited Amendments Required for Reissue Applications MPEP 714 Other Related FAQs 5 FAQs Collapse When must an applicant pay excess claims fees for newly added claims? How does canceling claims affect excess claims fees? How are excess claims fees calculated for multiple dependent claims? What are excess claims fees in patent applications? What happens if an amendment under 37 CFR 1.312 adds claims exceeding the previously paid number?