Can non-elected inventions be recovered through a reissue application?
Generally, non-elected inventions cannot be recovered through a reissue application if the applicant failed to file a continuing application prior to the issuance of the original patent. According to MPEP 1412.01: “Where a restriction (or an election of species) requirement was made in an application and applicant permitted the elected invention to issue as a…
Read MoreWhat 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…
Read MoreWhat is MPEP 821.04 and how does it relate to rejoinder of claims?
MPEP 821.04 is a section of the Manual of Patent Examining Procedure that provides detailed guidance on the rejoinder of claims. The MPEP 1302.04(h) specifically references this section: “See MPEP § 821.04.” MPEP 821.04 covers various aspects of rejoinder, including: Conditions for rejoinder of non-elected inventions Rejoinder of process claims Rejoinder of product claims Procedures…
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