How does restriction affect double patenting in patent applications?

The relationship between restriction and double patenting is clearly defined in the Manual of Patent Examining Procedure (MPEP). According to MPEP § 806:

“Where restriction is required by the Office double patenting cannot be held…”

This statement indicates that when the USPTO requires a restriction in a patent application, it effectively precludes a double patenting rejection. This is because:

• Restriction requirements are made when the examiner believes that the application contains two or more independent and distinct inventions.
• If inventions are considered distinct enough to require restriction, they are, by definition, not subject to double patenting.
• The applicant is forced to choose one invention for examination, potentially filing divisional applications for the other inventions.

It’s important to note that this principle underscores the need for accurate distinctness determinations, as an improper restriction requirement could inadvertently shield an application from a valid double patenting rejection.

To learn more:

• restriction
• double patenting
• patent examination
• MPEP 806
• distinctness