Is the entry of copied patent claims in an amendment under 37 CFR 1.312 automatically allowed?

No, the entry of copied patent claims in an amendment under 37 CFR 1.312 is not automatically allowed. MPEP 714.16(a) explicitly states: “The entry of the copied patent claims is not a matter of right.” This means that the USPTO has discretion in deciding whether to accept such amendments after the notice of allowance has been issued. Patent applicants and attorneys should be aware that including copied claims in a late-stage amendment does not guarantee their acceptance into the application.

To learn more:

• Copied Claims
• Patent Amendments
• USPTO Discretion
• Notice of Allowance