MPEP 805
Effect of Improper Joinder in Patent

This is the Ninth Edition of the MPEP, Revision 08.2017, Last Revised in January 2018

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805    Effect of Improper Joinder in Patent [R-07.2015]

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 invalid for improper joinder of inventions claimed therein.