What happens if I exceed the claim limits during prioritized examination?

If you exceed the claim limits during prioritized examination, the prioritized examination will be terminated. The MPEP states, After prioritized examination has been granted in an application, an amendment that results in more than four independent claims or thirty total claims, or a multiple dependent claim, will result in termination of prioritized examination.

Upon termination:

• The application will be removed from the examiner’s special docket.
• It will be placed on the examiner’s regular docket according to its current stage of prosecution.
• The application will continue to be examined, but without the prioritized status.

It’s important to note that while exceeding the claim limits terminates prioritized examination, it doesn’t prohibit you from amending your claims. For example, after a final rejection or notice of allowance, you can still amend your claims subject to the normal rules for applications in those stages.

To learn more:

• prioritized examination
• claim limits
• patent application amendments