What are the requirements for a proper linking claim in patent applications?

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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. A proper linking claim in patent applications must meet specific requirements as outlined in the Manual of Patent Examining Procedure (MPEP) 809 . These requirements include: The linking claim must be broad enough to read on or link the inventions of the restricted groups. The linking claim should not be rejected over prior art. The restriction requirement must include an explanation of how the linking claim links the otherwise restrictable inventions. As stated in MPEP 809: “Linking claims and the inventions they link together are usually either all directed to products or all directed to processes (i.e., a product claim linking properly restrictable product inventions, or a process claim linking properly restrictable process inventions).” This ensures that the linked inventions are related and can be examined together efficiently. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Linking Claims Prevent Restriction Between Divisible Inventions MPEP 809 Permitted Allowable Linking Claim Requires Withdrawal of Restriction MPEP 809 Required Requirement for Restriction with Linking Claim MPEP 809.03 Required Requirement for Linking Claims to Divisible Inventions MPEP 809 Allowable Linking Claim Requires Rejoined Nonelected Claims MPEP 809 Required Allowed Linking Claim Requires Rejoined Nonelected Claims MPEP 809 Requirement for Distinct Inventions and Linking Claims MPEP 809 Required Nonelected Inventions Must Be Rejoined MPEP 809 Required Canceled Nonelected Claims May Be Reinstated Upon Allowance of Linking Claim MPEP 809 Required If Linking Claim Is Allowable, Restriction Is Improper MPEP 818.01(d) Recommended Other Related FAQs 5 FAQs Collapse What happens when ...