[Patentcenter] CAF (continuing application fee)

[Goebel, Nichole L.]

My understanding is that you are to pay the CAF fee ( 6 or 9 years if applicable) when filing the application.  The CAF will not be listed on a NTFMP and there is no late period to file the CAF.

You will have to file the petition.


Nichole L. Goebel
Paralegal, Intellectual Property
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From: Patentcenter <patentcenter-bounces at oppedahl-lists.com> On Behalf Of Jodi Lang via Patentcenter
Sent: Wednesday, June 4, 2025 10:12 AM
To: users of Patentcenter <patentcenter at oppedahl-lists.com>; Jodi Lang <IP at remotedocket.com>
Cc: Jodi Lang <ip at remotedocket.com>
Subject: [Patentcenter] CAF (continuing application fee)

[EXTERNAL EMAIL]
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Good Morning Listmates.  I have a few questions.  If an application is filed (with claims to benefits for priority more than 6 or 9 nine years) and is filed WITHOUT any fees (i.e. a no-fee continuation application) , I understand that the priority claim will not be listed on the filing receipt.  However, it does not appear that we are receiving a notice to file missing parts, rather a Response to Request for Corrected Filing Receipt which indicates:

In response to your request for a corrected filing receipt dated 05/21/2025, the Office is unable to comply with your request because:
Applicant presented one or more benefit claims to a prior-filed nonprovisional application without the applicable continuing application fee set forth in 37 CFR 1.17(w). The benefit claim(s) has not been entered because it was not presented with the applicable 37 CFR 1.17(w) fee. Applicant may wish to present any desired benefit claim(s) in accordance with 37 CFR 1.78(d), including the applicable continuing application fee. See 37 CFR 1.78(d)(3)(i). A petition to accept an unintentionally delayed benefit claim may also be required. See 37 CFR 1.78(e).

My questions are:

1.  Will we receive a Notice to File Missing Parts (which is needed for all the fees not just the CAF)?
2.  Do we have the regular 4 month period to pay the late priority fee without penalty?
3.  Will we be able to pay a late fee for the CAF or will we have to file a petition to accept a delayed claim to priority?

Thank you for your replies....



Jodi Lang
Docket Administrator/IP Paralegal
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