When did excess claims fees become applicable in reexamination proceedings?

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.

Excess claims fees became applicable in reexamination proceedings on December 8, 2004. The MPEP 2666.04 states:

“The excess claims fees specified in 37 CFR 1.20(c) apply to all patents eligible for inter partes reexamination. The fees must be submitted for any excess claims presented in a reexamination proceeding on or after December 8, 2004 (no excess claims fee was due under 35 U.S.C. 41 for any claim presented during a reexamination proceeding before December 8, 2004).”

This change was due to the Consolidated Appropriations Act of 2005, which amended 35 U.S.C. 41 to separately provide for excess claims fees in addition to the application filing fee.