What is the requirement for copying claims from a patent?
When claims are copied or substantially copied from a patent, there is a specific requirement under patent law. According to MPEP 2001.06(d): “37 CFR 41.202(a) requires the applicant, at the time he or she presents the claim(s), to identify the patent and the numbers of the patent claims.” This means that when an applicant includes…
Read MoreWhat happens when claims are copied from a patent in an application with an unanswered rejection?
When claims are copied from a patent into an application that already has an unanswered rejection, two different periods for reply come into effect: The regular statutory period for the unanswered rejection of record A limited period set for replying to the rejection of the copied patent claims As stated in the MPEP, Where, in…
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