Can supplemental restriction requirements be issued for applications containing nucleotide sequences?
Generally, supplemental restriction requirements are not issued for applications that have already received an action on their merits, unless there are extenuating circumstances. MPEP 2434 states:
“Note, however, that supplemental restriction requirements will not be advanced in applications that have already received an action on their merits in the absence of extenuating circumstances.”
This guideline applies to all applications, including those containing nucleotide sequences. It ensures that applicants are not subjected to additional restrictions after substantive examination has begun, promoting efficiency and fairness in the patent examination process. However, examiners may issue supplemental restrictions if unusual circumstances arise that justify such action.
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