What is rejoinder in patent examination?
Rejoinder is a process in patent examination where previously withdrawn claims are reconsidered for patentability when the elected invention is found allowable. According to MPEP 821.04, “Rejoinder involves withdrawal of a restriction requirement between an allowable elected invention and a nonelected invention and examination of the formerly nonelected invention on the merits.”
The key points about rejoinder are:
- It occurs when all claims to the elected invention are in condition for allowance
- The nonelected invention(s) must be considered for rejoinder
- To be eligible for rejoinder, a nonelected claim must depend from or require all limitations of an allowable claim
- Rejoined claims must meet all criteria for patentability
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