MPEP § 805 — Effect of Improper Joinder in Patent (Annotated Rules)
§805 Effect of Improper Joinder in Patent
This page consolidates and annotates all enforceable requirements under MPEP § 805, 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.
Effect of Improper Joinder in Patent
This section addresses Effect of Improper Joinder in Patent. Primary authority: 35 U.S.C. 121. Contains: 1 prohibition and 1 permission.
Key Rules
Restriction Requirement (MPEP 802-803)
35 U.S.C. 121, last sentence, provides “the validity of a patent shall not be questioned for failure of the Director to require the application to be restricted to one invention.” In other words, under this statute, no patent can be held invalid for improper joinder of inventions claimed therein.
35 U.S.C. 121, last sentence, provides “the validity of a patent shall not be questioned for failure of the Director to require the application to be restricted to one invention.” In other words, under this statute, no patent can be held invalid for improper joinder of inventions claimed therein.
Citations
| Primary topic | Citation |
|---|---|
| Restriction Requirement (MPEP 802-803) | 35 U.S.C. § 121 |
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 § 805 — Effect of Improper Joinder in Patent
Source: USPTO805 Effect of Improper Joinder in Patent [R-07.2015]
35 U.S.C. 121, last sentence, provides “the validity of a patent shall not be questioned for failure of the Director to require the application to be restricted to one invention.” In other words, under this statute, no patent can be held invalid for improper joinder of inventions claimed therein.