What does a Multiple Dependent Claim (MPC) require for its fee calculation?

A Multiple Dependent Claim (MPC) requires fee calculation based on the number of claims it depends on. In the United States Patent and Trademark Office (USPTO) rules, a multiple dependent claim is a claim that refers back to more than one other claim and depends on those claims for its scope. The fee for a multiple dependent claim is calculated differently than for regular dependent claims. Specifically, the fee is based on the number of claims that the multiple dependent claim references.

The rationale behind this rule is that the complexity and breadth of protection an applicant seeks increases with the number of claims a multiple dependent claim relies upon. Thus, each reference to another claim constitutes an additional layer of complexity that merits a corresponding fee.

Other alternatives regarding fee calculation do not align with the established policies. For example, charging fees individually for each dependent claim regardless of the structure of the claims does not accurately reflect how fees should be assessed for multiple dependent claims. Furthermore, waiving fees contingent on the submission of an Information Disclosure Statement (IDS) or limiting fees to independent claims disregards specific rules concerning multiple dependent claims.