[Patentpractice] CAF (continuing application fee)

[Timothy Snowden]

1.  Will we receive a Notice to File Missing Parts (which is needed for 
all the fees not just the CAF)? - I don't know. I feel like we should 
but maybe not. I'm assuming right now that we're not. It's probably a 
moot point if you miss the CAF anyway in many cases.
2.  Do we have the regular 4 month period to pay the late priority fee 
without penalty? - As far as I can tell. I don't see why we shouldn't. 
The new rule doesn't seem to have modified the 16-or-4 rule.
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? Nope. This is 
just another avenue that we now hit the 16-or-4 rule. If you don't pay 
the fee, the 16-or-4 rule deadline keeps running. If you miss it, you 
have to petition to accept an /unintentionally /delayed claim to 
priority. There's the danger: can you honestly say it was unintentional? 
In most cases, I'm going to guess we won't be able to.

On 6/5/2025 10:33 AM, Jodi Lang via Patentpractice wrote:
> 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
> *
> *<mailto:patent at hard-ip.net>*
> *IP at remotedocket.com*
> *Remote Docket LLC*
> *Direct Number: 908-377-0467 <tel:908-377-0467>
> *
> *Fax: _646-365-5041 <tel:646-365-5041>_*
> *LinkedIn Profile <https://www.linkedin.com/in/jodi-lang-28a74a17> *
> *https://remotedocket.com/* <https://remotedocket.com/>*
> *
>
> This message and any attached documents contain information from 
> Remote Docket LLC that may be confidential and/or privileged. If you 
> are not the intended recipient, please do not read, copy, distribute, 
> or use this information. If you have received this transmission in 
> error, please notify the sender immediately by reply e-mail and then 
> delete this message.
>
> This message and any attached documents contain information from the 
> patent firm Hard IP LLC that may be confidential and/or privileged. If 
> you are not the intended recipient, please do not read, copy, 
> distribute, or use this information. If you have received this 
> transmission in error, please notify the sender immediately by reply 
> e-mail and then delete this message.
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://oppedahl-lists.com/pipermail/patentpractice_oppedahl-lists.com/attachments/20250605/4ea0be73/attachment.html>