What is a linking claim in patent applications?
A linking claim in patent applications is a claim that links or connects multiple inventions that were initially considered separate or distinct. In the context of MPEP 803.03(a), a linking claim becomes significant when it is found allowable, potentially leading to the rejoining of previously divided inventions.
The MPEP states: “Whenever divided inventions in a transitional application are rejoined because a linking claim is allowable ( MPEP § 809 , § 821.04 , and § 821.04(a) ) …” This indicates that an allowable linking claim can serve as a basis for reuniting inventions that were previously subject to a restriction requirement.
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