How does the USPTO handle rejoinder of divided inventions in transitional applications?
The USPTO’s handling of rejoinder of divided inventions in transitional applications is outlined in MPEP 803.03(a). The process involves:
“Whenever divided inventions in a transitional application are rejoined because a linking claim is allowable ( MPEP § 809 , § 821.04 , and § 821.04(a) ) and applicant paid the fee set forth in 37 CFR 1.17(s) for the additional invention, applicant should be notified that he or she may request a refund of the fee paid for that additional invention.”
This statement indicates that the USPTO:
- Allows for the rejoining of divided inventions when a linking claim is found allowable
- Notifies the applicant about the possibility of requesting a refund for fees paid on additional inventions
- Follows specific procedures outlined in MPEP § 809, § 821.04, and § 821.04(a) for the rejoinder process
The rejoinder process essentially brings previously separated inventions back into a single application, potentially simplifying the examination process and reducing costs for the applicant.
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