What are linking claims in patent applications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 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. Linking claims are special claims in patent applications that link inventions in different categories. According to 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 divisible product inventions, or a process claim linking properly divisible process inventions).” Linking claims help establish the connection between related inventions that may otherwise be subject to a restriction requirement. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Linking Claims Prevent Restriction Between Divisible Inventions MPEP 809 Permitted Allowable Linking Claim Requires Withdrawal of Restriction MPEP 809 Required Requirement for Linking Claims to Divisible Inventions MPEP 809 Allowable Linking Claim Requires Rejoined Nonelected Claims MPEP 809 Required Allowed Linking Claim Requires Rejoined Nonelected Claims MPEP 809 Requirement for Restriction with Linking Claim MPEP 809.03 Required Requirement for Distinct Inventions and Linking Claims MPEP 809 Required Nonelected Inventions Must Be Rejoined MPEP 809 Required Canceled Nonelected Claims May Be Reinstated Upon Allowance of Linking Claim MPEP 809 Required Restriction Requirement for Non-Elected Claims in Reissue MPEP 1450 Other Related FAQs 5 FAQs Collapse What happens when linking claims are found allowable? What constitutes a complete reply to an Election of Species requirement? What happens if an applicant fails to elect a species in response to a requirement? What happens if I don&#8217;t respond to an Election of Species requirement? What are the criteria for linking claims in patent applications?