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 MoreWhat is the purpose of grouping unpatentable species in a restriction requirement?
The purpose of grouping unpatentable species in a restriction requirement is to streamline the examination process and focus on potentially allowable subject matter. The MPEP 808.01(a) provides guidance on this practice: “In making a requirement for restriction in an application claiming plural species, the examiner should group together species considered clearly unpatentable over each other.”…
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