[Patentpractice] CAF (continuing application fee)

Jodi Lang ip at remotedocket.com
Thu Jun 5 15:33:45 UTC 2025


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 LangDocket Administrator/IP Paralegal *
* <patent at hard-ip.net>*
*IP at remotedocket.com <IP at remotedocket.com>*
*Remote Docket LLC*

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