Why is a clear record of restriction requirements important in patent examination?

A clear record of restriction requirements is crucial in patent examination for several reasons. According to MPEP 814:

“The examiner must provide a clear and detailed record of the restriction requirement to provide a clear demarcation between restricted inventions so that it can be determined whether inventions claimed in a divisional application are consonant with the restriction requirement and therefore subject to the prohibition against double patenting rejections under 35 U.S.C. 121.”

This clear record serves two main purposes:

• It helps determine if inventions in future divisional applications are consistent with the original restriction.
• It prevents potential double patenting rejections under 35 U.S.C. 121.

For more information on the relationship between restriction requirements and double patenting, see MPEP 804.01.

To learn more:

• restriction requirement
• patent examination
• double patenting
• divisional applications