How does the USPTO protect applicants from improper restriction requirements?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Requirement for Showing Serious Search Burden MPEP 803 Permitted Requirement for Showing Non-Prior Art Issues for Separate Inventions MPEP 803 Permitted Requirement for Prima Facie Showing of Serious Search/Examination Burden MPEP 803 Permitted Proper Restriction Criteria for Distinct Inventions MPEP 803 Required Requirement for Serious Search Burden MPEP 803 Required Final Restriction Requirement Must Be Signed by Examiner with Full Signatory Authority MPEP 803.01 Final Restriction Requires Full Signatory Authority MPEP 803.01 Permitted Obviousness Admission Requires No Restriction MPEP 803 Required Criteria for Restricting Markush Claims MPEP 803 Restriction Practice for Genus-Species Claims MPEP 803 Other Related FAQs 5 FAQs Collapse Can examiners with partial signatory authority issue restriction requirements? What is the legal basis for restriction requirements in patent applications? What is the purpose of careful...