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Provisional Patent Basic and Claim Fees

Jason Robert O'Kennedy

Provisional Patent Basic and Claim Fees
« on: February 17, 2017, 02:42:39 PM »
Hi, I am a little confused about the Filling Fee Schedule on the USPTO site; My question is at the time of submitting a provisional, am I billed for the basic filling fee "plus" the "independent claim(s)" or is the "independent claim(s)" billed at the time of the non-provisional filling? The reason I ask is the obvious ($$$); I currently have a claim list of 15 items that may expand or contract as I optimize it and do more research. I know that the first three are free and my first four claims can cover a broad range pertaining to a material method of an apparatus within a specialized industry. However the additional claims break down specific components of said apparatus that could be claimed by other potential competitors.

I know you cannot give advice at this time if I should or should not include these claims during the initial Provisional Application but for me at this time I can only afford the "Basic Fee". I am not finding any answer's to help me decide my next step: File with only three/four claims and amend later or files all now (which I cannot afford at this time).  Side note: I'v been working on this for seven years and it's time to move forward!

I will most-likely hire your services (soon) but I have not decided yet to what level of services; I've been following your site for nearly a year and had signed up for your newsletters (which I have not received for at least two months now??)

Thank-you for your time and will be looking forward to the possibility of utilizing your services.


« Last Edit: February 18, 2017, 08:08:47 AM by Brad »


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Re: Provisional Patent Basic and Claim Fees
« Reply #1 on: February 18, 2017, 08:10:37 AM »
Because claims are not required for the provisional application, I would keep all of the claims you wrote but don't put them into the "claims" section.  Instead, list them one by one in the BRIEF SUMMARY section of your patent application.   This way you will make sure they are all included in your application but you will not have to pay any fees when you file other than the filing fee ($65 for most people).

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