What happens to non-elected claims after a restriction requirement is withdrawn?

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.

When a restriction requirement is withdrawn, the fate of non-elected claims depends on their relationship to the allowable claims. According to MPEP 821.04(a):

“Claims that require all the limitations of an allowable claim will be rejoined and fully examined for patentability in accordance with 37 CFR 1.104. Claims that do not require all the limitations of an allowable claim remain withdrawn from consideration.”

This means that non-elected claims that include all the limitations of an allowable claim will be rejoined and examined. However, claims that do not include all these limitations will remain withdrawn. It’s important to note that rejoined claims may still be subject to double patenting rejections.