MPEP Section 805, Effect of Improper Joinder in Patent

Executive summary:

This document contains one section of the Manual of Patent Examining Procedure (the "M.P.E.P."), Eighth Edition, Fifth Revision (August 2006). This page was last updated in July 2007. You may return to the section index to find a particular section. Alternatively, you may search the MPEP use the search box that appears on the bottom of every page of BitLaw--be sure to restrict your search to the MPEP in the pop-up list.

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805 Effect of Improper Joinder in Patent

35 U.S.C. 121, last sentence, provides "the validity of a patent shall not be questioned for failure of the *>Director< to require the application to be restricted to one invention." In other words, under this statute, no patent can be held void for improper joinder of inventions claimed therein.