What are the criteria for a proper restriction requirement?

There are two main criteria for a proper requirement for restriction between patentably distinct inventions:

1. The inventions must be independent or distinct
2. There must be a serious search and/or examination burden on the examiner if restriction is not required

As stated in MPEP 803:

“There are two criteria for a proper requirement for restriction between patentably distinct inventions: (A) The inventions must be independent ( MPEP § 802.01, § 806.06, and § 808.01) or distinct ( MPEP § 806.05 – § 806.05(j) ); and (B) There would be a serious burden on the examiner if restriction is not required ( MPEP § 803.02, § 808, and § 808.02).”

Examiners must provide reasons and/or examples to support these conclusions, but typically do not need to cite documents to support the restriction requirement.

To learn more:

• restriction requirement
• patent application
• independent inventions
• distinct inventions
• search burden
• examination burden