Can cancelled claims to nonelected invention be reinstated?

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.

Yes, under certain circumstances, cancelled claims to nonelected invention can be reinstated. The process and conditions for reinstatement are detailed in the Manual of Patent Examining Procedure (MPEP).

The MPEP 1302.04(c) directs readers to “See MPEP § 821.01 and § 821.02” for specific information on this topic. These sections provide guidance on when and how cancelled claims can be reinstated, typically in situations where the restriction requirement is withdrawn or where the applicant successfully petitions for rejoinder of the cancelled claims.