What are the consequences of a late restriction requirement in patent examination?
While a late restriction requirement is permissible, it can have several consequences in the patent examination process. According to MPEP 811:
“However, public policy dictates that when a requirement can be made in the first action, it should be done as soon as possible. This policy should be followed as far as practical, even where the claims are drawn to species claims.”
The consequences of a late restriction requirement may include:
- Increased workload for both the examiner and the applicant
- Potential delays in the examination process
- Possible need for additional Office actions
- Increased complexity in responding to Office actions that have already addressed some claims
While late restrictions are not prohibited, they are generally discouraged to maintain efficiency in the patent examination process.
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