When can species claims be rejoined in a patent application?

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.

Species claims can be rejoined in a patent application when a generic claim is found allowable. The MPEP provides guidance on this matter:

“See MPEP § 821.04(a) for rejoinder of species claims when a generic claim is allowable.”

Rejoinder is the process of bringing previously withdrawn claims back into consideration for allowance. When a generic claim is determined to be allowable, species claims that depend from or otherwise require all the limitations of the allowable generic claim may be eligible for rejoinder. This allows applicants to obtain broader patent coverage by including previously restricted species claims within the scope of the allowed generic claim.