What happens to the right to petition if all linking claims are canceled after a final restriction?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 7 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. The right to petition against a restriction requirement is preserved even if all linking claims are canceled after the restriction is made final. The MPEP Section 818.01(d) clearly states: “If restriction is made final following consideration of a traverse, the right to petition is preserved even if all linking claims are canceled.” This provision ensures that applicants retain their right to challenge the restriction requirement through a petition, regardless of the status of the linking claims. It’s important for applicants to understand that the cancellation of linking claims does not negate their ability to contest the restriction requirement if they believe it was improper. Related Rules from the Manual of Patent Examining Procedure 7 rules Collapse Traverse Restriction Requirement with Specific Reasons MPEP 818 Required Requirement for Restricting Examination of Multiple Inventions MPEP 818 Permitted Election of Invention for Examination Required MPEP 818 Required Applicant Must Elect Invention for Examination MPEP 818 Required Election Becomes Fixed After Merits Action MPEP 818 Election Becomes Fixed After Merits Examined MPEP 818 Permitted Requirement for Designating One Invention to Prosecute MPEP 818 Other Related FAQs 5 FAQs Collapse What are the key elements patent examiners check in amended applications? What happens if the linking claim is found allowable in a restriction requirement? Can a broad allegation of error satisfy the requirement for a complete reply to a restriction requirement? What happens if an applicant cancels claims without an express election statement? What constitutes a complete reply to a restriction requirement?