What happens to claims drawn to nonelected inventions?

Claims found to be drawn to nonelected inventions, including claims drawn to nonelected species or inventions that may be eligible for rejoinder, are treated according to specific guidelines outlined in the Manual of Patent Examining Procedure (MPEP). As stated in MPEP § 821: “Claims found to be drawn to nonelected inventions, including claims drawn to…

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How does rejoinder affect the scope of patent protection?

Rejoinder can significantly affect the scope of patent protection by allowing previously withdrawn claims to be included in the granted patent. Here’s how: It expands the protection to include additional embodiments or applications of the invention. Rejoined process claims can provide protection for methods of making or using the allowable product. It allows for a…

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