What is the process for handling linking claims in a patent application?
When only linking claims are initially presented and prosecuted in a patent application, and the applicant later presents claims to two or more linked, independent, or distinct inventions, the examiner may require the applicant to elect a single invention.
According to MPEP 818.02(b):
“Where only linking claims are first presented and prosecuted in an application in which no election of a single linked invention has been made, and applicant later presents claims to two or more linked, independent or distinct inventions, the examiner may require applicant to elect a single invention.”
This process helps to streamline the examination by focusing on a single invention while maintaining the connection between related inventions through the linking claims.
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