What happens if an amendment under 37 CFR 1.312 adds claims exceeding the previously paid number?

If an amendment under 37 CFR 1.312 adds claims (both total and independent) that exceed the number previously paid for, additional fees are required. The MPEP 714.16(c) states:

“If the amendment under 37 CFR 1.312 adds claims (total and independent) in excess of the number previously paid for, additional fees are required.”

This means that applicants must pay extra fees for any additional claims beyond what was initially covered by their fees. The examiner will not consider the amendment unless it is accompanied by the full required fee.

To learn more:

• 37 CFR 1.312
• additional claims
• amendment fees
• patent examination

To learn more:

• 37 CFR 1.312