Record claim counts against the excess-claim fee rule
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Record the number of claims and the number of independent claims the file states. Leave the fee blank. Do not decide that a fee is payable and do not calculate one.
- What the lawyer must review
- Section 1.16(h) charges, in addition to the basic filing fee in an application other than a provisional application, for filing or later presentation of each claim in independent form in excess of three. Paragraph (i) charges for each claim, whether dependent or independent, in excess of 20. The paragraph notes that section 1.75(c) indicates how multiple dependent claims are considered for the fee. Section 1.75(c) was not opened. The regulation sets a different amount for a micro entity, a small entity, and any other applicant. You read the current row for the applicant's entity status before any amount is treated as payable. The table is not a direction to pay a calculated total. Section 131 requires an examination of the application. It does not set these claim counts or this fee.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes assembling provisional schedules. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Trace every relied-on figure to its source, confirm dates and assumptions, and independently recalculate totals or derived amounts.
- Check the current court or regulator requirements, prescribed form and attachments for the intended document and filing.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.