What happens if claims for a different invention are added after a final Office action?

When claims for a different invention are added after a final Office action, they are treated as follows:

• These claims are not entered as a matter of right.
• They may be admitted if the amendment complies with 37 CFR 1.116.
• The examiner has discretion to refuse entry if the claims are not clearly allowable.

As stated in MPEP 821.03: “Claims for a different invention added after an Office action are treated as being drawn to a different invention.”

To learn more:

• Patent claims
• Office action
• Different invention
• Final rejection