What happens when claims are copied from a patent in an application with an unanswered rejection?

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.

When claims are copied from a patent into an application that already has an unanswered rejection, two different periods for reply come into effect:

• The regular statutory period for the unanswered rejection of record
• A limited period set for replying to the rejection of the copied patent claims

As stated in the MPEP, Where, in an application in which there is an unanswered rejection of record, claims are copied from a patent and all of these claims are rejected there results a situation where two different periods for reply are running against the application. This situation requires careful attention to deadlines.