When can amendments under 37 CFR 1.312 with copied patent claims be submitted?

Amendments under 37 CFR 1.312 with copied patent claims can be submitted after the notice of allowance has been issued but before the patent is granted. MPEP 714.16(a) specifies: “See MPEP Chapter 2300 for the procedure to be followed when an amendment is received after notice of allowance which includes one or more claims copied or substantially copied from a patent.” This indicates that such amendments are typically submitted in the period between the notice of allowance and the final issuance of the patent. However, applicants should be aware that the submission of such amendments does not guarantee their acceptance, and they may be subject to additional scrutiny and fees.

To learn more:

• 37 CFR 1.312
• Copied Claims
• Notice of Allowance
• Patent Amendments

To learn more:

• 37 CFR 1.312