Q) Basic Filing Fee

by patentbar on August 19, 2008 · 9 comments

in Exam Questions

One question deals with the basic filing fee. Among the answer options is that the basic filing fee includes up to three independent claims and 20 claims altogether.

See MPEP 607 re: excess claims fee

{ 9 comments… read them below or add one }

1 brianNo Gravatar June 10, 2009 at 4:16 pm

More details on what is posted above, which is that you apparently get ‘up to three independent claims, and 20 total claims’ within the basic filing fee.

See 37 CFR 1.16(h)-(i):
“(h) In addition to the basic filing fee in an application, other than a provisional application, for filing or later presentation at any other time of each claim in independent form in excess of 3:
By a small entity (§ 1.27(a)) . . . $100.00
By other than a small entity . . . . $200.00

(i) In addition to the basic filing fee in an application, other than a provisional application, for filing or later presentation at any other time of each claim (whether dependent or independent) in excess of 20 (note that § 1.75(c) indicates how multiple dependent claims are considered for fee calculation purposes):
By a small entity (§ 1.27(a)) . . . . $25.00
By other than a small entity . . . . . $50.00”

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2 wilifeNo Gravatar April 25, 2010 at 1:48 am

I am confused. So, if an additional claim is 4th independent and 21th claim, fee $100 plus $25 or only $100 is required. The charge according to (i) is applicable to both dependent claim and independent claim

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3 BMNo Gravatar May 18, 2010 at 2:10 pm

Fee required would be $125 w/ small entity status.
What you do is that you take the number of independent claims and subtract 3 to end up with the excess independent claims. Then take the total number of claim and subtract 20 to end up with the excess claim fee.
The basic filing fee covers 3 independent and 20 total claims. Anything in excess requires a fee.

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4 HNo Gravatar April 1, 2011 at 7:48 pm

Also, remember that multiple dependent claims count as the number of dependent claims on which it depends (ie, the number of combinations it creates).

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5 jkpatentlawNo Gravatar June 13, 2012 at 5:20 pm

unless it is improper. Then it is just 1.

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6 BobNo Gravatar August 3, 2011 at 2:11 am

Got this on 8/2/11

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7 PatentGrrlNo Gravatar July 3, 2012 at 4:41 pm

But for Track I, the limitation for prioritized examination is 4/30 (4 independent, 30 total). oof. My head hurts. Why why why make it so arbitrary???

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8 DeaterNo Gravatar November 13, 2014 at 4:51 pm

That is true, but if you have over 3 independent claims (a 4th claim) or over 20 total claims (21-30 total) or even excess pages (over 100) those all have to be paid, along with many other fees, upon the filing of the request for Track 1. I agree though, so confusing trying to keep these dates strait.

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9 ZNo Gravatar March 31, 2013 at 3:21 pm

Got this 3/30/13. The question was a “which is in accordance with the procedures of the MPEP” but there was a general lack of common subject matter among the answer choices.

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