[Patentcenter] CAF (continuing application fee)

Wed Jun 4 15:01:03 UTC 2025

Right - because it's due on presentation (see below). We have 4 months 
to (re)submit the priority claim per 37 CFR 1.55.

"For an application filed on or after the effective date of this final 
rule, payment of the § 1.17(w) fees is required at the time a prompting 
benefit claim ( /i.e.,/ a benefit claim that causes the EBD of the 
later-filed application to be more than six or nine years earlier than 
its actual filing date) is presented in the later-filed application. If 
the prompting benefit claim is presented at the time of filing the 
later-filed application, the applicable § 1.17(w) fee will be due at 
filing. If the prompting benefit claim is presented at a later time, the 
applicable § 1.17(w) fee will be due concurrently with the presentation 
of the prompting benefit claim. If the later presentation of the 
prompting benefit claim is by way of a petition for acceptance of an 
unintentionally delayed benefit claim under § 1.78(e), the applicable 
§ 1.17(w) fee will be due in addition to the petition fee under § 1.17(m)."
https://www.federalregister.gov/d/2024-26821/p-87

My understanding is that the NTFMP should run separately but I also 
haven't received NTFMPs at this point. Of course, the NTFMP is 
practically worthless after the 4 months because you now have lost the 
oldest benefit claim and so likely have your own earlier application as 
prior art.

And, of course, under most fact patterns that I can think of, you 
couldn't intentionally wait more than 4 months and then petition for an 
unintentionally delayed priority claim.

Another way of stating what Nichole is saying is that essentially the 
priority claim is rejected and we have 4 months from filing to 
(re)present it with the appropriate fee.

Please feel free to message or call with any questions.
Have a great day!

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On 6/4/2025 9:38 AM, Karen S. Canady via Patentcenter wrote:
> My understanding was that we have 4 months from the date of filing to 
> pay the CAF. No notice; it’s on the applicant as the fee is part of a 
> valid priority claim.
>
> Karen Canady
> Partner
> Canady + Lortz LLP
>
> Typos courtesy of thumb typing on iPhone
>
>> On Jun 4, 2025, at 7:29 AM, Goebel, Nichole L. via Patentcenter 
>> <patentcenter at oppedahl-lists.com> wrote:
>>
>> 
>>
>> 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
>> ___________________________________
>> HONIGMAN LLP <https://www.honigman.com>
>> O 269.337.7884 <tel:+1269.337.7884>
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>>
>>
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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]*
>>
>> ------------------------------------------------------------------------
>>
>> 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 *
>>
>> *IP at remotedocket.com*
>>
>> *Remote Docket LLC*
>>
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