Can a patent application be rejected for having too many claims?
Yes, a patent application can be rejected for having too many claims if those claims are considered unduly multiplied. According to MPEP 2173.05(n):
“Where, in view of the nature and scope of applicant’s invention, applicant presents an unreasonable number of claims which are repetitious and multiplied, the net result of which is to confuse rather than to clarify, a rejection on undue multiplicity based on 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph, may be appropriate.”
However, it’s important to note that this type of rejection is rare and should be applied judiciously. The MPEP emphasizes that applicants should be allowed reasonable latitude in stating their claims, but this latitude does not extend to “that degree of repetition and multiplicity which beclouds definition in a maze of confusion.”
If an examiner believes there are too many claims, they will typically contact the applicant to request a reduction in the number of claims before issuing a formal rejection.
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