What are the two main aspects of a requirement to restrict in patent applications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 1 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. According to MPEP 808 , every requirement to restrict has two main aspects: (A) The reasons why each invention as claimed is either independent or distinct from the other(s) (B) The reasons why there would be a serious search and/or examination burden on the examiner if restriction is not required The MPEP states: “ Every requirement to restrict has two aspects: (A) the reasons (as distinguished from the mere statement of conclusion) why each invention as claimed is either independent or distinct from the other(s); and (B) the reasons why there would be a serious search and/or examination burden on the examiner if restriction is not required .” This emphasizes that examiners must provide specific reasons for both the independence/distinctness of inventions and the potential burden, rather than just stating conclusions. Related Rules from the Manual of Patent Examining Procedure 1 rules Collapse Reasons for Insisting Upon Restriction MPEP 808 Required Other Related FAQs 5 FAQs Collapse Can an applicant challenge a restriction requirement in a patent application? What is the difference between species and embodiments in patent applications? When is an applicant required to elect a single species? How should examiners explain reasons for distinctness or independence in restriction requirements? What happens when only generic claims are presented in a patent application?