Patent and Invention Help Forum

Can I change already filed utility patent to reduce original filing fees?

PPage

I've filed a utility patent application, with a number of claims that increased the original filing fee.

Is it possible to change that application, to reduce the number of claims, resulting in the reduction of the original filing fee?

Brad

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Re: Can I change already filed utility patent to reduce original filing fees?
« Reply #1 on: December 09, 2018, 10:51:24 AM »
I don't know for certain but I do not think this is possible.  You can usually only request a refund of fees if you are abandoning the application completely and only then just some of the fees are refundable.

I would call the USPTO on Monday and ask them directly:  Toll-Free: 800-786-9199
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Disclaimer: The information on this site is not legal advice and is not a substitute for an attorney or a law firm.  You should seek legal counsel for legal questions.

PPage

Re: Can I change already filed utility patent to reduce original filing fees?
« Reply #2 on: December 09, 2018, 09:17:57 PM »
You can file a "substitute" specification but that is only to correct things like typos, grammar, etc.  You cannot add in any new material or make any major changes after that patent has been filed.

I would just give them a call and see what they say.
« Last Edit: December 10, 2018, 09:31:59 AM by Brad »