What is the process for rejoinder in national stage applications?

Rejoinder is a process that can occur in national stage applications when claims are initially restricted due to lack of unity. The MPEP 1893.03(d) outlines the following process:

1. When all claims directed to the elected invention are allowable, the examiner should reconsider the propriety of the restriction requirement.
2. If the nonelected claims do not share a same or corresponding technical feature with the allowable claims, they remain restricted.
3. However, if the nonelected claims require all the limitations of an allowable claim, they should be considered for rejoinder.

The MPEP states: “Any nonelected product claim that requires all the limitations of an allowable product claim, and any nonelected process claim that requires all the limitations of an allowable process claim, should be rejoined.”

Examiners are instructed to notify applicants of potential rejoinder using form paragraph 8.21.04. This paragraph informs applicants that process claims may be rejoined if they include all limitations of allowable product/apparatus claims.

To learn more:

• Rejoinder
• Unity of Invention
• National Stage Applications
• Patent Examination