What is the process for handling linking claims in a patent application?

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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. When only linking claims are initially presented and prosecuted in a patent application, and the applicant later presents claims to two or more linked, independent, or distinct inventions, the examiner may require the applicant to elect a single invention. According to MPEP 818.02(b) : “Where only linking claims are first presented and prosecuted in an application in which no election of a single linked invention has been made, and applicant later presents claims to two or more linked, independent or distinct inventions, the examiner may require applicant to elect a single invention.” This process helps to streamline the examination by focusing on a single invention while maintaining the connection between related inventions through the linking claims. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Examiner May Require Election of Linked Inventions MPEP 818.02(b) Permitted Election of Invention for Examination Required MPEP 818 Required Election of Species Required for Generic Claims MPEP 818.02(b) Requirement for Electing Species MPEP 818.02(b) Required Applicant Must Elect Invention for Examination MPEP 818 Required Requirement for Restricting Examination of Multiple Inventions MPEP 818 Permitted Requirement for Designating One Invention to Prosecute MPEP 818 Election Becomes Fixed After Merits Examined MPEP 818 Permitted Traverse Restriction Requirement with Specific Reasons MPEP 818 Required Election Becomes Fixed After Merits Action MPEP 818 Other Related FAQs 5 FAQs Collapse What happens when only generic claims are presented in a patent application? What is the difference between generic claims and linking claims in patent applications? How does the intr...