How does copying patent claims affect the application examination process?
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.
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