MPEP 821.04: Rejoinder

Answer in brief

Under MPEP 821.04, once the claims to the elected invention are allowable, the examiner reconsiders the restriction and may rejoin the nonelected claims. Rejoinder withdraws the restriction between an allowable elected invention and a nonelected one and examines the nonelected claims.

What MPEP 821.04 covers

Rejoinder is most common between a product and the process of making or using it.

Rejoinder between product inventions or between process inventions (821.04(a)).
Rejoinder of process claims that require all the limitations of an allowable product claim (821.04(b)).
Rejoined claims must be fully examined for patentability.

How examiners use it

Applicants should keep nonelected process claims commensurate with the product claims so they qualify for rejoinder.

On the patent bar

Know when rejoinder is available after restriction.

Read the full text

Official title: Rejoinder [R-07.2022].

Read MPEP 821 in full on Wysebridge ↗

Or at the source: USPTO MPEP § 821.

Sources for this entry

USPTO — MPEP § 821 USPTO
Official text of this section, Ninth Edition, Revision 01.2024.
Wysebridge MPEP Center Wysebridge (publisher of this site)
The full MPEP (9th Ed., Rev. 01.2024) free to read, with Wysebridge's estimated patent bar weight for each chapter.

Practical guidance is original editorial content. Company-published figures are the company's own claims and are labeled as such.

Continue this reading path

MPEP 803: Restriction Requirements MPEP 804: Double Patenting

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Cite or share this entry

MPEP.net. “MPEP 821.04: Rejoinder.” Wysebridge Reference. Content reviewed 9 November 2026.
https://mpep.net/mpep-821-04/