What is rejoinder in patent applications?

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.

Rejoinder is a process in patent examination where previously withdrawn claims are brought back into consideration when certain conditions are met. According to MPEP 821.04(a):

“Where restriction was required between independent or distinct products, or between independent or distinct processes, and all claims directed to an elected invention are allowable, the examiner should withdraw any restriction requirement between the elected invention and any nonelected invention that depends from or otherwise requires all the limitations of an allowable claim.”

This means that if a generic claim or linking claim becomes allowable, previously withdrawn claims that depend on or require all the limitations of the allowable claim will be rejoined and examined for patentability.