Claims are, arguably, the most important part of a patent specification because they define the scope of protection under the patent application and, ultimately, under the patent itself if granted. Many insights on patent claims focus on patent drafting – mainly how to identify an invention and how to define it using patent terminology. In this article, we focus on the number of claims: specifically, strategies around the number of claims to include in an initial patent application.
We will initially focus on UK patent applications, but will also cover the European Patent Office (EPO) and the United States Patent and Trademark Office (USPTO) for comparison.
Contents
- Why does the number of claims matter?
- Excess claims fees at the UK IPO
- Excess claims fees at the EPO
- Comparison of excess claims thresholds: UK, EPO and USPTO
- Worked example: how excess claims fees add up
- Legislative and practice restrictions on claim numbers
- Independent claims and dependent claims explained
- The role of the description
- How many claims do we typically include?
- Strategies for managing claim numbers in a UK patent application
- Using divisional applications to manage claims
- Filing in the UK first, then adapting for other jurisdictions
- A note on the USPTO
- Frequently Asked Questions
Why Does The Number Of Claims Matter?
Several factors play into the decision of how many claims to include in a patent application.
The first, and most important, is that the claims should provide appropriate protection for the invention. This dictates, in many ways, the number of claims needed.
Another factor is that many patent offices charge additional official fees, known as excess claims fees, for claims above a certain threshold. These fees may be based on the number and type of claims included. We explore this in detail below.
A further consideration is that legislation and practice guidance can restrict the number and type of claims that are allowable. We cover this below too.
Excess Claims Fees At The UK IPO
The UK Intellectual Property Office (UK IPO) currently charges a fee for each claim over 25. As of 1 April 2026, this fee is £27 per claim over 25. So if you have 26 claims, the excess claims fee will be £27. If you have 27 claims, the excess claims fee will be £54. If you have 50 claims, the excess claims fee will be £675.
These excess claims fees are payable in the UK when a search is requested. If the number of claims at grant is higher than the number of claims for which excess claims fees have already been paid (or more than 25, if no excess claims fees were paid when requesting search), then a top-up fee covering the difference will be due.
For full details of the UK IPO’s current fees, including excess claims fees, see our post on UK IPO Fee Changes 2026.
Although 25 claims might sound like a large number, in reality it might not be, especially when compared to the cost of needing multiple patents to try to cover an invention. Each additional patent will attract its own set of annual renewal fees to keep it in force. So sometimes paying for more than 25 claims is of direct financial benefit.
Excess Claims Fees At The EPO
The European Patent Office (EPO) has a different system. It treats the 16th and subsequent claims as excess claims, and it uses a ramped payment structure. As of 1 April 2026, the fee for each claim from the 16th to the 50th is €290 per claim. For the 51st and each subsequent claim, the fee increases significantly to €720 per claim.
Excess claims fees can therefore become very expensive before the EPO, although there are some fee reductions available for certain types of applicant. For more detail on EPO fees, see our post on EPO Fee Changes 2026.
Note: The UK and EPO fees quoted above are those in effect from 1 April 2026. Official fees change over time. Always check the relevant patent office’s website for the most up-to-date fee schedules.
Comparison Of Excess Claims Thresholds: UK, EPO And USPTO
The table below summarises how the UK IPO, the EPO and the USPTO handle excess claims fees.
| UK IPO | EPO | USPTO | |
|---|---|---|---|
| Excess claims threshold | 26th claim onwards | 16th claim onwards | 21st claim onwards |
| Independent claims threshold | N/A | N/A | 4th independent claim onwards |
| Standard excess claims fee | £27 per claim over 25 | €290 per claim (claims 16–50) | See USPTO fee schedule |
| Higher tier | N/A (flat rate) | €720 per claim (51st claim onwards) | N/A (flat rate, plus separate independent claims fee) |
Worked Example: How Excess Claims Fees Add Up
To illustrate how excess claims fees can accumulate, consider a patent application with 30 claims.
At the UK IPO, you would have 5 claims over the threshold of 25. At £27 per excess claim, the total excess claims fee would be £135 (5 × £27).
At the EPO, you would have 15 claims over the threshold of 15. At €290 per excess claim, the total excess claims fee would be €4,350 (15 × €290).
This example shows just how quickly excess claims fees can add up, particularly at the EPO. It also highlights why it can be worth adapting the number of claims for different jurisdictions, rather than filing the same claim set everywhere.
Legislative And Practice Restrictions On Claim Numbers
Even setting fees aside, legislation and practice guidance can restrict the number and type of claims that are permitted.
Unity Of Invention
Claims in most patent systems must exhibit unity of invention. This means that they should essentially all relate to the same invention. A patent application with claims directed to a new type of pencil sharpener and a new type of chipset for a mobile telephone would not exhibit unity of invention.
Number Of Independent Claims Per Category
Many patent systems restrict the number of independent claims allowed in the same category. For example, many patent systems will only allow a single independent device claim and a single independent method claim.
There are exceptions to this. For instance, claims directed to complementary parts of a system, such as a new type of data transfer connector that has two corresponding parts (similar to a plug-and-socket arrangement), are often allowable as separate independent device claims. Similarly, independent device or method claims to a transmitter and a receiver that perform counterpart functions of the same method are often permitted.
The UK IPO Code Of Practice
There is also practice guidance on the number and structure of claims. The UK IPO and CIPA (the Chartered Institute of Patent Attorneys) have a Code of Practice for patent applicants and agents. Among other things, the Code suggests that claims should have one independent claim defining all the essential features of the invention, with dependent claims incorporating additional non-essential features. The Code states that further independent claims are only justified where the inventive concept covers more than one category (for example, apparatus and process), complementary versions within one category (for example, plug and socket, transmitter and receiver), or distinct medical uses.
The Code also states that claims should not contain multiple independent claims in any one category (even if only one inventive concept is present), or a total number or complexity of claims not justified by the nature of the invention.
While we take into account all of these requirements and guidance, ultimately our role is to act in our clients’ best interests and protect their inventions as comprehensively as possible. Sometimes this means deviating from those requirements and guidance, at least initially. The UK IPO acknowledges this too. The Code of Practice recognises that patent attorneys have a primary duty towards their clients.
Independent Claims And Dependent Claims Explained
There are two main types of claim: independent claims and dependent claims.
Independent Claims
Independent claims are usually the broadest claims and should recite only the essential features of the invention. They should be patentably distinct from the prior art, meaning they should contain novel and inventive subject matter. However, they should not be so narrow that it would be easy for someone to design around or work around the claims (for example, by modifying or omitting one of the claimed components).
Depending on the nature of the invention, there may be independent claims in different categories. For example, a patent application might include independent claims directed to a product, a method of manufacturing the product, a method of using the product, and an apparatus configured to perform the method. For inventions involving complementary components, such as a new type of data transfer connector with two corresponding parts, there may be separate independent claims directed to each component.
For software inventions, independent claims usually start with a claim to a computer-implemented method. There is then usually a claim to a device that is configured to perform the method, and a claim to a computer program configured to perform that method when executed. There may be other categories of claims as well, such as claims directed to data structures. There is an opportunity to be creative here too.
For other types of invention, the categories might be quite different. For example, in the chemical or materials space, there could be independent claims directed to a raw material, an intermediate, a final product, a manufacturing method, a consumable, and/or a particular use of a product.
Dependent Claims
Dependent claims are directed to optional features of the invention. They do not directly limit the scope of the independent claims, but are presented effectively as fallback positions, should the independent claims fall.
For example, if the patent office (or a third party in the future) finds prior art that affects the validity of an independent claim, features from the dependent claims can be incorporated into the independent claim to narrow it further. Dependent claims should therefore ideally be directed to features that would help restore patentability to an independent claim, while, wherever possible, not being unduly narrowing.
The Role Of The Description
Not every feature of an invention needs to appear in the claims. The patent specification as a whole includes a description, which provides the detailed context and support for the claims. In summary, the essential features of the invention belong in the independent claims, optional features belong in the dependent claims, and other features and details of the invention can be set out in the description. Having a thorough description is important because it provides a basis for potential amendments to the claims later in the patent process.
How Many Claims Do We Typically Include?
In general, we can usually distil an invention down to around 25 claims. But sometimes more are needed to protect the invention properly.
Strategies For Managing Claim Numbers In A UK Patent Application
One point to consider is that a UK patent application can be filed without paying any fees on filing. So, in principle, any number of claims can be included in the patent application as filed, and there will be no additional official fees at that point in time. Having more claims rather than fewer at the initial filing stage can provide a strong foundation for a patent portfolio without being restricted by excess claims fees.
If the applicant wants to continue with patent protection in the UK, there are several options for managing the number of claims going forward.
One option is to reduce the number of claims through voluntary amendments before the official fees are paid for excess claims. Under Rule 31 of the Patents Rules 2007, amendment of the specification before the examiner’s search report is issued is allowable with the comptroller’s consent. The applicant should give reasons for the amendment. We understand that such amendments will usually be accepted if the rationale is to reduce the number of claims so that excess claims fees can be avoided. However, it is worth noting that this is at the comptroller’s discretion and is not guaranteed. It also involves additional work (and potentially cost) after filing.
Another option is to file a fresh patent application claiming priority from the original application (subject to certain legal considerations, including the requirement to file within 12 months of the original filing date). This fresh application could have a reduced number of claims from the outset, and the search fee could then be paid on filing based on the reduced number of claims. The original application might then be withdrawn, or it might be maintained alongside the fresh application, depending on the applicant’s strategy. However, it can be more expensive to file a fresh patent application than to pay excess claims fees on an initial filing.
A further alternative is to include a manageable number of claims from the outset (for example, 25 or fewer to avoid excess claims fees in the UK) and to include additional claim language as clauses in the description of the patent specification. These clauses can provide support for potential future claim amendments without attracting excess claims fees at the initial filing stage.
There are pros and cons of each of these approaches, and the best option will depend on the circumstances of each case.
Using Divisional Applications To Manage Claims
Divisional applications can be a useful tool for managing claim numbers across a patent portfolio. A divisional application is a new application that is filed based on an earlier (“parent”) application, and which is directed to subject matter disclosed in the parent application.
If a parent application contains claims directed to multiple aspects of an invention, one strategy is to keep the broadest or most commercially important claims in the parent application and file one or more divisional applications to cover other aspects. This can help keep the number of claims in each individual application below excess claims thresholds, while still maintaining comprehensive protection across the portfolio as a whole.
Divisional applications must typically be filed before the parent application is granted, so timing is important.
Filing In The UK First, Then Adapting For Other Jurisdictions
Usually, we include as many claims as we think are appropriate in initial UK patent applications (when we are filing in the UK first), and then adapt the claims as needed for other jurisdictions when we file there.
An alternative approach, in principle, would be to start with the maximum number and type of claims that would avoid excess claims fees in all target jurisdictions from the outset. However, this risks having a less effective claim set than might be possible in certain jurisdictions, which could ultimately limit the scope of protection under the resulting patent.
A Note On The USPTO
Although Russell IP does not practise before the United States Patent and Trademark Office (USPTO), it is worth being aware of how the US system handles excess claims, as many UK applicants also file in the US.
The USPTO has a different mechanism for calculating excess claims fees. An excess claims fee is payable for each claim over 20. In addition, a separate excess claims fee is payable for each independent claim in excess of three. So if you had 30 claims with 5 independent claims, you would pay excess claims fees based on the 10 claims over the 20-claim threshold, and you would pay additional excess independent claims fees for the 2 independent claims over the 3-independent-claim threshold.
This is a distinct approach from both the UK and the EPO, and is another reason why it often makes sense to adapt the claim set for each jurisdiction.
Disclaimer: This article is general information, not legal advice. For tailored guidance on how many claims to include in your patent application, please contact Russell IP.
Frequently Asked Questions About Patent Claims
What are patent claims?
Patent claims are the section of a patent specification that primarily defines the scope of legal protection. They set out exactly what the patent covers, and what others are prevented from doing without permission if the patent is granted.
How many claims can I have in a UK patent application?
There is no absolute maximum number of claims in a UK patent application. However, the UK IPO charges an excess claims fee for each claim over 25. You can include as many claims as needed, but the more you have over 25, the higher the official fees.
What is an excess claims fee?
An excess claims fee is an additional official fee charged by a patent office when the number of claims in a patent application exceeds a certain threshold. In the UK, the threshold is 25 claims. At the EPO, it is 15 claims. The fees are charged per excess claim.
What is the difference between an independent claim and a dependent claim?
An independent claim stands on its own and defines the broadest scope of the invention. A dependent claim refers back to an independent claim (or another dependent claim) and adds further, optional features. Dependent claims serve as fallback positions if the independent claim is challenged.
Can I file a UK patent application with more than 25 claims and reduce the number later?
Yes. A UK patent application can be filed without paying official fees, so you can include any number of claims at the outset without incurring excess claims fees at that point. You can then reduce the number of claims through voluntary amendments before the search report is issued (under Rule 31 of the Patents Rules 2007, with the comptroller’s consent), potentially avoiding or reducing excess claims fees. However, this is at the comptroller’s discretion and is not guaranteed. An alternative is to file with a manageable number of claims and include additional claim language as clauses in the description to provide support for potential future amendments.
Why might I need more than 25 claims?
Some inventions require more claims to be properly protected – for example, inventions with multiple components, methods, uses, or variations. Having a comprehensive set of claims can be more cost-effective than filing multiple separate patent applications, each of which would attract its own renewal fees.
Do different patent offices have different excess claims thresholds?
Yes. The UK IPO threshold is 25 claims. The EPO threshold is 15 claims. Other patent offices around the world have their own rules and thresholds. This is why it often makes sense to adapt the claim set for each jurisdiction rather than filing the same claims everywhere.
What is unity of invention?
Unity of invention is a legal requirement that the claims in a patent application should all relate to the same invention or to a single general inventive concept. If the claims cover unrelated inventions, the patent office may raise a unity objection and require the applicant to restrict the claims.
What is a divisional application?
A divisional application is a new patent application filed based on an earlier (“parent”) application. It allows the applicant to pursue protection for subject matter disclosed in the parent application separately from the parent’s claims. Divisional applications can be useful for managing claim numbers and broadening portfolio coverage.
Should I use the same claim set for the UK and the EPO?
Not necessarily. Because the excess claims thresholds and fees differ between the UK IPO and the EPO, it often makes sense to adapt the claims for each jurisdiction. Filing an identical claim set everywhere may mean paying higher fees in some jurisdictions or having a less effective set of claims in others.
