What are the requirements for restricting between two or more related product or process inventions?

To support a requirement for restriction between two or more related product inventions, or between two or more related process inventions, two key elements are necessary:

1. Two-way distinctness
2. Reasons for insisting on restriction

MPEP § 806.05(j) states: “To support a requirement for restriction between two or more related product inventions, or between two or more related process inventions, both two-way distinctness and reasons for insisting on restriction are necessary, i.e., separate classification, status in the art, or field of search.“

The reasons for insisting on restriction typically include separate classification, different status in the art, or different field of search. These reasons help justify the additional burden placed on the examiner and applicant by the restriction requirement.

To learn more:

• Related Products
• Related Processes
• Restriction Requirements
• Patent Examination