Planning a US patent application? The USPTO charges additional fees for independent claims beyond the third and for every claim beyond the 20th. Fees also vary depending on your entity size. Enter your claim counts below to see your total excess claims fee, broken down by component.
First 20 included. $200 per claim over 20.
First 3 included. $600 per claim over 3.
Small entity: 40% of full rate. Micro entity: 20% of full rate.
A: The USPTO applies two separate excess claims fees to patent applications. First, a fee of $600 applies for each independent claim beyond the third. Second, a fee of $200 applies for each total claim (whether independent or dependent) beyond the 20th. Both fees apply simultaneously, so an application with five independent claims and 25 total claims would incur $1,200 for the two excess independent claims and $1,000 for the five excess total claims, giving a combined excess claims fee of $2,200. Entity size discounts reduce these amounts for qualifying applicants.
A: The USPTO offers reduced fees for smaller applicants. Small entities, typically independent inventors, small businesses with fewer than 500 employees, and qualifying non-profit organisations, pay 40% of the standard fee. Micro entities, which must meet additional criteria including income limits and a cap on previous patent filings, pay 20% of the standard fee. Incorrect entity status claims can result in penalties, so it is worth confirming your eligibility with a patent attorney before filing.
A: There is no universal answer. The “3 and 20” threshold, meaning three independent claims and 20 total claims, is a widely used benchmark because it avoids all excess claims fees at the USPTO. However, many applications legitimately require more claims to provide adequate protection. The January 2025 fee schedule doubled the excess total claims fee from $100 to $200 per claim, making claim count a more significant cost consideration than it was previously. IP Asset’s patent attorneys can advise on the right structure for your technology and budget before you file.
A: The current fee schedule came into effect on January 19, 2025. Notably, this update doubled the fee for each total claim in excess of 20, from $100 to $200, and increased the fee for each excess independent claim by 25%, from $480 to $600. These were among the most significant fee changes in the USPTO’s recent history. Always verify the current schedule at uspto.gov before filing, as fees are subject to periodic revision.
Smart claim drafting can cut costs significantly without narrowing your protection. Contact the team to discuss your strategy.
