What is the requirement for copying claims from a patent?

When claims are copied or substantially copied from a patent, there is a specific requirement under patent law. According to MPEP 2001.06(d):

“37 CFR 41.202(a) requires the applicant, at the time he or she presents the claim(s), to identify the patent and the numbers of the patent claims.”

This means that when an applicant includes claims in their application that are copied or very similar to claims from an existing patent, they must disclose the source of these claims, including both the patent number and the specific claim numbers that were copied.

To learn more:

• claim copying
• patent claims
• disclosure requirements
• patent application