How does the USPTO handle restriction requirements when linking claims are present?
When linking claims are present in a patent application, the United States Patent and Trademark Office (USPTO) follows specific procedures for handling restriction requirements. According to MPEP 809:
“Where linking claims are present, a restriction can be required to subfamilies linked by the linking claim. It may be proper to require restriction, including an election of species, between claims to a subfamily linked by a linking claim and other claims. For example, if a generic claim (linking claim) links inventions of family A with inventions of family B, restriction between inventions of family A would be proper.”
The examiner must consider the linking claims when determining the scope of restriction and may require the applicant to elect a single invention. If the linking claim(s) are subsequently found allowable, the restriction requirement may be withdrawn for claims that depend from or otherwise include all the limitations of the allowable linking claim(s).
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