Can original patent claims be restricted in a reissue application?

No, original patent claims cannot be restricted in a reissue application. The MPEP 1450 clearly states: “As stated in 37 CFR 1.176(b), the examiner is not permitted to require restriction among original claims of the patent (i.e., among claims that were in the patent before filing the reissue application).” This rule applies even if the original patent contains claims to different inventions that the examiner considers independent or distinct. If such a restriction requirement is made, it must be withdrawn.

To learn more:

• Restriction
• Original Patent Claims
• Reissue Application
• Patent Examination