What is a 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 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Refund Fee for Additional Invention MPEP 803.03(a) Recommended Obviousness Admission Requires No Restriction MPEP 803 Required Requirement for Showing Serious Search Burden MPEP 803 Permitted Requirement for Showing Non-Prior Art Issues for Separate Inventions MPEP 803 Permitted Requirement for Prima Facie Showing of Serious Search/Examination Burden MPEP 803 Permitted Criteria for Restricting Markush Claims MPEP 803 Restriction Practice for Genus-Species Claims MPEP 803 Claims Must Support Separate Patents and Be Independent or Distinct MPEP 803 Required Merits Examination Required Without Serious Burden MPEP 803 Required Proper Restriction Criteria for Distinct Inventions MPEP 803 Required Other Related FAQs 5 FAQs Collapse What is the significance of an allowable linking claim in a transitional application? When can an applicant request a refund for fees paid on additional inventions? How does the USPTO handle rejoinder of divided inventions in transitional applications? Can applican...