What are the requirements for a proper linking claim in patent applications?

A proper linking claim in patent applications must meet specific requirements as outlined in the Manual of Patent Examining Procedure (MPEP) 809. These requirements include:

• The linking claim must be broad enough to read on or link the inventions of the restricted groups.
• The linking claim should not be rejected over prior art.
• The restriction requirement must include an explanation of how the linking claim links the otherwise restrictable inventions.

As stated in MPEP 809: “Linking claims and the inventions they link together are usually either all directed to products or all directed to processes (i.e., a product claim linking properly restrictable product inventions, or a process claim linking properly restrictable process inventions).” This ensures that the linked inventions are related and can be examined together efficiently.

To learn more:

• linking claims
• patent application requirements
• MPEP 809
• restriction requirements