When should conflicting claims be moved to a single application?

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.

Conflicting claims should be moved to a single application in the following situations:

• When two or more applications contain patentably indistinct claims filed by the same applicant or assignee.
• When the conflicting claims are due to an improper restriction requirement.

MPEP 822 states: “Wherever appropriate, such conflicting claims should be moved to a single application. This is particularly true where the two or more applications are due to, and consonant with, a requirement to restrict which the examiner now considers to be improper.”

Moving conflicting claims to a single application helps streamline the examination process, reduces redundancy, and ensures that related inventions are examined together. It’s especially important when the examiner realizes that a previous restriction requirement was improper, allowing the applicant to consolidate their claims efficiently.