What is the purpose of a restriction requirement in patent applications?
A restriction requirement is a formal request made by the USPTO under 35 U.S.C. 121 to limit the examination of a patent application to a single invention or a group of related inventions. The purpose is to manage the examination process efficiently when an application contains multiple distinct inventions.
According to MPEP 817, a restriction requirement should include:
- A statement of the requirement to restrict
- Identification of each group of inventions
- A short description of the subject matter claimed in each group
- Classification of each group
- An allegation of independence or distinctness between the inventions
- Reasons for insisting upon restriction
The examiner must provide a clear explanation of why the inventions are independent or distinct and why there would be a serious search and/or examination burden if restriction were not required.
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