What are the reasons for insisting upon restriction in a patent application?

According to MPEP 817, examiners must provide reasons for insisting upon restriction in a patent application. The main reasons include:

1. Separate status in the art
2. Different classification
3. Same classification but recognition of divergent subject matter
4. Divergent fields of search
5. Search required for one group not required for the other

These reasons are used to demonstrate that there would be a serious search and/or examination burden if restriction were not required. As stated in Form Paragraph 8.21:

“Restriction for examination purposes as indicated is proper because all the inventions listed in this action are independent or distinct for the reasons given above and there would be a serious search and/or examination burden if restriction were not required because one or more of the following reasons apply: [1].”

Examiners must insert the applicable reason(s) in the bracket to justify the restriction requirement.

To learn more:

• restriction requirement
• patent examination
• search burden
• examination burden
• MPEP 817