What types of claims are subject to additional fees in a 37 CFR 1.312 amendment?

In a 37 CFR 1.312 amendment, both total claims and independent claims are subject to additional fees if they exceed the number previously paid for. The MPEP 714.16(c) specifies:

“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 need to pay attention to both the total number of claims and the number of independent claims they are adding. If either category exceeds the previously paid amount, additional fees will be necessary.

To learn more:

• 37 CFR 1.312
• additional claims
• claim types
• fee requirements

To learn more:

• 37 CFR 1.312