What are the criteria for proper restriction in patent applications?

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.”

To learn more:

• restriction
• patent applications
• examination criteria
• serious burden