What are linking claims in patent applications and how should they be treated?

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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. Linking claims in patent applications are claims that link multiple inventions together. According to MPEP 814 : “The generic or other linking claims should not be associated with any one of the linked inventions since such claims must be examined with the elected linked invention.” This means that examiners should not group linking claims with any specific invention group during a restriction requirement. Instead, these claims should be examined along with whichever linked invention the applicant elects to pursue. For more detailed information on handling linking claims, refer to MPEP 809 . Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Generic Claims Must Be Examined With Elected Invention MPEP 814 Required Allowable Linking Claim Requires Withdrawal of Restriction MPEP 809 Required Claims Must Be Allocated to Inventions MPEP 814 Recommended Allowable Linking Claim Requires Rejoined Nonelected Claims MPEP 809 Required Requirement for Linking Claims to Divisible Inventions MPEP 809 Linking Claims Prevent Restriction Between Divisible Inventions MPEP 809 Permitted Allowed Linking Claim Requires Rejoined Nonelected Claims MPEP 809 Requirement for Distinct Inventions and Linking Claims MPEP 809 Required Requirement for Clear Demarcation Between Restricted Inventions MPEP 814 Nonelected Inventions Must Be Rejoined MPEP 809 Required Other Related FAQs 5 FAQs Collapse What is the process for restricting between species in a patent application? How should examiners handle inventions other than species in restriction requirements? How should an examiner indicate restrictions in a patent application? Why is a clear record of restriction requirements important in patent...