What happens when linking claims are found allowable?

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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. When linking claims are found allowable in a patent application, it triggers important changes in the examination process. As stated in MPEP 809 : “When all claims directed to the elected invention are allowable, should any linking claim be allowable, the restriction requirement between the linked inventions must be withdrawn.” This means that if the linking claims are allowable, the previously restricted inventions must be rejoined and examined. Furthermore: “Any claim(s) directed to the nonelected invention(s), previously withdrawn from consideration, which depends from or requires all the limitations of the allowable linking claim must be rejoined and will be fully examined for patentability.” This process ensures that all inventions connected by the allowable linking claim receive full examination. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Nonelected Inventions Must Be Rejoined MPEP 809 Required Allowable Linking Claim Requires Withdrawal of Restriction MPEP 809 Required Allowable Linking Claim Requires Rejoined Nonelected Claims MPEP 809 Required Requirement for Restriction with Linking Claim MPEP 809.03 Required Allowed Linking Claim Requires Rejoined Nonelected Claims MPEP 809 Linking Claims Prevent Restriction Between Divisible Inventions MPEP 809 Permitted Requirement for Linking Claims to Divisible Inventions MPEP 809 Election with Allowable Linking Claim Does Not Traverse Restriction MPEP 818.01(d) Canceled Nonelected Claims May Be Reinstated Upon Allowance of Linking Claim MPEP 809 Required Requirement for Distinct Inventions and Linking Claims MPEP 809 Required Other Related FAQs 5 FAQs Collapse What constitutes a complete reply to an Election...