How does the USPTO handle telephone restriction requirements in patent applications?

When a restriction requirement is made via telephone and the applicant makes an oral election of a single invention, the USPTO follows a specific procedure. According to MPEP 810:

“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. See MPEP § 812.01.”

This means that for telephone restriction requirements:

• The examiner will make a written record of the restriction requirement
• This written record will include a complete action on the merits of the elected claims
• The applicant does not need to wait for a separate office action on the merits

To learn more:

• telephone restriction requirement
• oral election
• action on the merits
• patent application procedure