What are the criteria for proper restriction in patent applications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs 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. The criteria for proper restriction in patent applications are outlined in MPEP 803 . Restriction is proper when the following two criteria are met: The inventions are independent or distinct as claimed There would be a serious burden on the examiner if restriction is not required As stated in the MPEP: “If the search and examination of all the claims in an application can be made without serious burden, the examiner must examine them on the merits, even though they include claims to independent or distinct inventions.” Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Proper Restriction Criteria for Distinct Inventions MPEP 803 Required Merits Examination Required Without Serious Burden MPEP 803 Required Criteria for Restricting Markush Claims MPEP 803 Requirement for Serious Search Burden MPEP 803 Required Claims Must Support Separate Patents and Be Independent or Distinct MPEP 803 Required Restriction Practice for Genus-Species Claims MPEP 803 Requirement for Prima Facie Showing of Serious Search/Examination Burden MPEP 803 Permitted Obviousness Admission Requires No Restriction MPEP 803 Required Requirement for Showing Serious Search Burden MPEP 803 Permitted Requirement for Showing Non-Prior Art Issues for Separate Inventions MPEP 803 Permitted Other Related FAQs 5 FAQs Collapse Are there exceptions to comprehensive patent examination? What is the difference between the 1996 and 2007 USPTO policies on nucleotide sequences? What are the implications of the 2007 USPTO policy change for pending applications with multiple nucleotide sequences? What is the significance of 37 CFR 1.17(s) in transitional patent applications? What constitutes &#8216;actions by the ap...