What happens when linking claims are found allowable?

When linking claims are found allowable in a patent application, it triggers important changes in the examination process. As stated in MPEP 809:

“When all claims directed to the elected invention are allowable, should any linking claim be allowable, the restriction requirement between the linked inventions must be withdrawn.”

This means that if the linking claims are allowable, the previously restricted inventions must be rejoined and examined. Furthermore:

“Any claim(s) directed to the nonelected invention(s), previously withdrawn from consideration, which depends from or requires all the limitations of the allowable linking claim must be rejoined and will be fully examined for patentability.”

This process ensures that all inventions connected by the allowable linking claim receive full examination.

To learn more:

Tags: allowable claims, linking claims, patent examination, rejoinder, restriction withdrawal