How does copying patent claims affect the application examination process?

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.

Copying patent claims into an application can significantly impact the examination process, especially when there’s an existing unanswered rejection. The MPEP section 710.04(a) outlines the following effects:

• It creates two separate periods for reply
• The original claims maintain their existing statutory period
• The copied claims receive a new, limited period for reply

This situation complicates the examination timeline and requires careful management of response deadlines. Applicants and examiners must be aware of these dual timelines to ensure proper prosecution of the application.