Can a patent be invalidated for containing multiple inventions?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

No, a patent cannot be invalidated solely for containing multiple inventions. MPEP 805 clarifies this point, citing the last sentence of 35 U.S.C. 121:

“In other words, under this statute, no patent can be held invalid for improper joinder of inventions claimed therein.”

This provision protects patent holders from challenges to their patent’s validity based on the USPTO’s decision not to require a restriction of the application to a single invention.

Tags: improper joinder, multiple inventions, Patent Invalidation, patent law, USPTO procedures