How are subsequently presented claims to a different invention treated?
When claims to an invention different from the one originally acted upon are presented after the initial examination, they are treated according to specific guidelines. MPEP 818.02(a) provides guidance on this: “Subsequently presented claims to an invention other than that acted upon should be treated as provided in MPEP ยง 821.03.” This means that if…
Read MoreWhat happens if a reissue claim is directed to a different invention?
If a reissue claim is directed to a different invention than the one disclosed in the original patent, it will be rejected. MPEP 1412.01 states: Claims in the reissue application that are drawn to an invention comprising a newly claimed combination of features that was not covered by any of the claims in the original…
Read MoreWhat 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…
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