How does a telephone restriction requirement differ from a written restriction requirement in patent applications?

The main difference between telephone and written restriction requirements in patent applications lies in the timing and content of the examiner’s response. According to MPEP 810:

• Written Restriction Requirement:
  “In general, in an application when only a nonfinal written requirement to restrict is made, no action on the merits is given.”
• Telephone Restriction Requirement:
  “In those applications wherein a requirement for restriction is made via telephone and applicant makes an oral election of a single invention, the written record of the restriction requirement will be accompanied by a complete action on the merits of the elected claims.”

Key differences:

1. Timing of action on the merits:
   • Written: Typically no immediate action on the merits
   • Telephone: Includes a complete action on the merits with the written record
2. Response format:
   • Written: Applicant responds in writing within the statutory period
   • Telephone: Applicant makes an oral election, followed by a written record from the examiner

For more details on telephone practice, refer to MPEP § 812.01.

To learn more:

• telephone restriction requirement
• written restriction requirement
• action on the merits
• patent application procedure