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

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.

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.”