MPEP § 803.03(a) — Transitional Application — Linking Claim Allowable (Annotated Rules)
§803.03(a) Transitional Application — Linking Claim Allowable
This page consolidates and annotates all enforceable requirements under MPEP § 803.03(a), including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Transitional Application — Linking Claim Allowable
This section addresses Transitional Application — Linking Claim Allowable. Primary authority: 37 CFR 1.17(s), 37 CFR 821.04, and 37 CFR 821.04(a). Contains: 1 guidance statement.
Key Rules
Processing Fees
Whenever divided inventions in a transitional application are rejoined because a linking claim is allowable (MPEP § 809, § 821.04, and § 821.04(a)) and applicant paid the fee set forth in 37 CFR 1.17(s) for the additional invention, applicant should be notified that he or she may request a refund of the fee paid for that additional invention.
Citations
| Primary topic | Citation |
|---|---|
| Processing Fees | 37 CFR § 1.17(s) |
| Processing Fees | 37 CFR § 821.04 |
| Processing Fees | 37 CFR § 821.04(a) |
| Processing Fees | MPEP § 809 |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 803.03(a) — Transitional Application — Linking Claim Allowable
Source: USPTO803.03(a) Transitional Application — Linking Claim Allowable [R-08.2012]
Whenever divided inventions in a transitional application are rejoined because a linking claim is allowable (MPEP § 809, § 821.04, and § 821.04(a)) and applicant paid the fee set forth in 37 CFR 1.17(s) for the additional invention, applicant should be notified that he or she may request a refund of the fee paid for that additional invention.