How can applicants retain the right to rejoinder?
Applicants can take specific actions to retain the right to rejoinder in patent applications. According to MPEP 821.04: “In order to retain the right to rejoinder, applicant is advised that the claims to the nonelected invention(s) should be amended during prosecution to require the limitations of the elected invention. Failure to do so may result…
Read MoreWhen is a claim eligible for rejoinder?
According to MPEP 821.04, a claim is eligible for rejoinder when: It is a nonelected claim It depends from or otherwise requires all the limitations of an allowable claim Specifically, the MPEP states: “In order to be eligible for rejoinder, a claim to a nonelected invention must depend from or otherwise require all the limitations…
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