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…

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What happens to non-elected inventions when a linking claim is found allowable?

When a linking claim is found allowable in a patent application, it can have significant implications for non-elected inventions. The Manual of Patent Examining Procedure (MPEP) 809 provides guidance on this situation: “When all claims directed to the elected invention are allowable, should any linking claim be allowable, the restriction requirement between the linked inventions…

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Can linking claims be used to connect inventions in different statutory categories?

Linking claims typically connect inventions within the same statutory category, but there are exceptions. The Manual of Patent Examining Procedure (MPEP) 809 provides guidance on this matter: “Linking claims and the inventions they link together are usually either all directed to products or all directed to processes (i.e., a product claim linking properly divisible product…

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