When is a claim eligible for rejoinder?

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.

According to MPEP 821.04, a claim is eligible for rejoinder when:

• It is a nonelected claim
• It depends from or otherwise requires all the limitations of an allowable claim

Specifically, the MPEP states: “In order to be eligible for rejoinder, a claim to a nonelected invention must depend from or otherwise require all the limitations of an allowable claim.”

It’s important to note that “A withdrawn claim that does not require all the limitations of an allowable claim will not be rejoined.”