OHASHI
High Technology Corporation

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Patents for U.S.-Based Firms

Assisting US tech. firms in filing and prosecuting US patent applications

PCT and Foreign Priority

Examples of Our Fees
USPTO Surcharges, Multiple Dependency
USPTO Fees
Oath or Declaration and Assignment

Patent & Technical Translations

Accurate patent and technical translations for filing and litigation.

Deposition and Court Interpreters

Experienced Japanese interpreters for depositions and court sessions.

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USPTO Surcharges
for Multiple Dependent Claims

     For the USPTO's application fee calculation purposes, a multiple dependent claim is not counted as one, but rather it is counted based on the number of claims from which it depends. As an example, let us assume that you are permitted to write claims in your country as follows:
     Claim 1: An apparatus.
     Claim 2: An apparatus of Claim 1, wherein A.
     Claim 3: An apparatus of Claim 1 or 2, wherein B.
     Claim 4: An apparatus of Claim 3, wherein C.
     Claim 5: An apparatus of any of Claims 1 through 4, wherein D.
     Claim 6: An apparatus of any of Claims 1 through 5, wherein E.
     Claim 7: An apparatus of any of Claims 1 through 6, wherein F.
Claim 3 will be counted as two single dependent claims. Claim 4 appears to be a single dependent claim. However, it depends from the multiple dependent claim and hence, it is counted as two.
     Claim 5 depends from four claims and hence, one may think that it is counted as four. This would be wrong. Because Claims 3 and 4 are counted as two, Claim 5 is deemed to depend from six single dependent claims and is counted as six. In a similar manner, Claim 6 is counted as 12 and Claim 7 is counted as 24. Thus, the above seven claims are counted as 48 claims in total for fee calculation purposes.
     Upon counting the number of claims in this manner, $80 will be charged for each claim exceeding 20. In addition, $780 will be added for each multiple dependent claim. When you added them all up, the total fees will be very hefty.
     Therefore, we recommend to amend all multiple dependent claims to single dependent claims and then delete some claims with narrower scopes. Moreover, please be noted that such amendments must be filed on the filing date. Otherwise, the fees will not be reduced.

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