How does the USPTO protect applicants from improper restriction requirements?
The USPTO has measures in place to protect applicants from potential negative consequences of improper restriction requirements. MPEP 803.01 states:
“Notwithstanding the fact that this section of the statute apparently protects the applicant against the dangers that previously might have resulted from compliance with an improper requirement for restriction, IT STILL REMAINS IMPORTANT FROM THE STANDPOINT OF THE PUBLIC INTEREST THAT NO REQUIREMENT BE MADE WHICH MIGHT RESULT IN THE ISSUANCE OF TWO PATENTS FOR THE SAME INVENTION.”
This indicates that while applicants have statutory protection, the USPTO still carefully administers restriction requirements to balance applicant rights and public interest.
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