Is the entry of copied patent claims in an amendment under 37 CFR 1.312 automatically allowed?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs 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. No, the entry of copied patent claims in an amendment under 37 CFR 1.312 is not automatically allowed. MPEP 714.16(a) explicitly states: “The entry of the copied patent claims is not a matter of right.” This means that the USPTO has discretion in deciding whether to accept such amendments after the notice of allowance has been issued. Patent applicants and attorneys should be aware that including copied claims in a late-stage amendment does not guarantee their acceptance into the application. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Entry of Copied Patent Claims Not Mandatory MPEP 714.16(a) Each Section of an Amendment Must Begin on a Separate Sheet MPEP 714 Required Notice of Non-Compliant Amendment Required for After-Final Amendments MPEP 714 Recommended Notice of Non-Compliant Amendment Required MPEP 714 Permitted Additional Fee Requirement for Amendments MPEP 714.16(a) Notice for Non-Compliant Amendments Required MPEP 714 Required After-Allowance Amendments Not Entered Automatically MPEP 714 Claims Must Include All Previous Versions MPEP 714 Required Amendment Must Not Introduce New Matter MPEP 714 Permitted Supplemental Amendment Not Entered As Right MPEP 714 Other Related FAQs 5 FAQs Collapse Are there additional fee requirements for amendments under 37 CFR 1.312 with copied patent claims? What is the significance of MPEP 714.19 in relation to amendments with copied patent claims? When can amendments under 37 CFR 1.312 with copied patent claims be submitted? What is the procedure for handling amendments under 37 CFR 1.312 that include copied patent claims? What happens if an amendment under 37 CFR 1.312 adds claims exceeding the previously paid numb...