How are linking claims treated during patent examination?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs 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. During patent examination, linking claims receive special treatment. The MPEP 809 states: “Linking claims must be examined with, and thus are considered part of, the invention elected. When all claims directed to the elected invention are allowable, should any linking claim be allowable, the restriction requirement between the linked inventions must be withdrawn.” This means examiners must consider linking claims along with the elected invention, and if both are allowable, the restriction between linked inventions is removed. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Allowable Linking Claim Requires Withdrawal of Restriction MPEP 809 Required Linking Claims Prevent Restriction Between Divisible Inventions MPEP 809 Permitted Allowable Linking Claim Requires Rejoined Nonelected Claims MPEP 809 Required Requirement for Restriction with Linking Claim MPEP 809.03 Required Nonelected Inventions Must Be Rejoined MPEP 809 Required Allowed Linking Claim Requires Rejoined Nonelected Claims MPEP 809 Requirement for Linking Claims to Divisible Inventions MPEP 809 Requirement for Distinct Inventions and Linking Claims MPEP 809 Required If Linking Claim Is Allowable, Restriction Is Improper MPEP 818.01(d) Recommended Canceled Nonelected Claims May Be Reinstated Upon Allowance of Linking Claim MPEP 809 Required Other Related FAQs 5 FAQs Collapse What happens when linking claims are found allowable? What constitutes a complete reply to an Election of Species requirement? What happens if an applicant fails to elect a species in response to a requirement? What happens if I don&#8217;t respond to an Election of Species requirement? What are the criteria for linking claims in...