How does the allowance of a linking claim affect the restriction requirement in patent applications?

The allowance of a linking claim has significant implications for the restriction requirement in patent applications. According to MPEP 809:

“When all claims directed to the elected invention are allowable, the restriction requirement between the elected invention and the nonelected invention(s) may be withdrawn, where the nonelected invention(s) depend from or otherwise require all the limitations of an allowable claim.”

This means that if a linking claim is found allowable, it can lead to the withdrawal of the restriction requirement between the linked inventions. As a result:

• All claims that depend from or require all the limitations of the allowable linking claim must be rejoined.
• The examiner must provide reasons for withdrawing the restriction requirement.
• The applicant retains the right to file divisional applications for the previously restricted inventions.

It’s important to note that the withdrawal of the restriction requirement is subject to the provisions of 37 CFR 1.144, which allows for petitions to review restriction requirements.

To learn more:

• linking claims
• allowance
• restriction requirement
• patent examination