What is the procedure for handling amendments under 37 CFR 1.312 that include copied patent claims?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
The procedure for handling amendments under 37 CFR 1.312 that include copied patent claims is outlined in MPEP Chapter 2300. According to MPEP 714.16(a), “See MPEP Chapter 2300 for the procedure to be followed when an amendment is received after notice of allowance which includes one or more claims copied or substantially copied from a patent.” This means that examiners and patent attorneys must refer to the specific guidelines in Chapter 2300 when dealing with such amendments after a notice of allowance has been issued.