What conditions allow for a restriction requirement to be repeated?

A restriction requirement can be repeated under specific conditions, as outlined in MPEP 811.03. The key conditions are:

  • An initial restriction requirement was made
  • The initial requirement was withdrawn as improper
  • Restriction becomes proper at a later stage in the prosecution

If these conditions are met, “restriction may again be required.” This provision allows patent examiners to address changes in the application or prosecution that may necessitate a restriction, even if a previous attempt was withdrawn.

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Tags: MPEP, patent examination, patent prosecution, Restriction Requirement