When must an applicant pay excess claims fees for newly added claims?

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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. Applicants must pay excess claims fees for newly added claims before the examiner will consider them. MPEP 714.10 states: When applicant adds a new excess claim that is in excess of the number of claims that were previously paid for after taking into account claims that have been canceled, applicant must pay the required excess claims fees before the examiner considers the new claim. This means that if you add claims that exceed the previously paid-for limit, even after accounting for canceled claims, you must pay the new excess claims fees before the patent examiner will review those additional claims. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Excess Claims Fees for New Claims After Cancellations MPEP 714.10 Required Excess Claims Fees Required for Amendments MPEP 714 Required Excess Claims Fees for Additional Independent and Dependent Claims MPEP 714.10 Required Excess Claims Fees Requirement MPEP 714 Canceled Claims Can Only Be Reinserted as New Claims MPEP 714 Permitted Claims Must Not Include Text for Canceled Claims MPEP 714 Required Previously Canceled Claim Must Be Added As New MPEP 714 Permitted Canceled Claims Must Not Include Text MPEP 714 Prohibited Canceled Claims Must Have Status Identifier MPEP 714 Required Examiner Will Notify Applicant If After-allowance Amendment Is Not Approved For Entry MPEP 714 Other Related FAQs 5 FAQs Collapse 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 are the thresholds for excess claims fees in patent applications? What happens if an amendment under 37 CFR 1.312 adds claims exceedi...