---
title: "Record claim counts against the excess-claim fee rule"
url: "https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs/check-whether-a-claim-fee-is-payable-when-a-patent-is-examined/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A23-CO20261022-3-US"
practice_area: "Intellectual Property — Patents, Trade Marks, Copyright, Designs"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Record claim counts against the excess-claim fee rule

> 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.

Canonical page: https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs/check-whether-a-claim-fee-is-payable-when-a-patent-is-examined/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Intellectual Property — Patents, Trade Marks, Copyright, Designs](https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 | United States |
| Applies to | [Check whether a claim fee is payable when a patent is examined](https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs/check-whether-a-claim-fee-is-payable-when-a-patent-is-examined.md) |

## Checking plan

- What the AI does: 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.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- The thresholds are more than three independent claims and more than 20 claims. The tool states no dollar amount.
- Section 1.75(c) was named and not opened.

## Sources

- [37 CFR § 1.16(h) and (i) (excess claims)](https://www.law.cornell.edu/cfr/text/37/1.16) (checked 2026-10-22)
- [35 U.S.C. § 131 (examination of application)](https://www.law.cornell.edu/uscode/text/35/131) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*