What is rejoinder in patent examination?

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Rejoinder is a process in patent examination where previously withdrawn claims are reconsidered for patentability when the elected invention is found allowable. According to MPEP 821.04, “Rejoinder involves withdrawal of a restriction requirement between an allowable elected invention and a nonelected invention and examination of the formerly nonelected invention on the merits.”

The key points about rejoinder are:

• It occurs when all claims to the elected invention are in condition for allowance
• The nonelected invention(s) must be considered for rejoinder
• To be eligible for rejoinder, a nonelected claim must depend from or require all limitations of an allowable claim
• Rejoined claims must meet all criteria for patentability