What does “restriction becomes proper at a later stage” mean in patent prosecution?
In the context of patent prosecution, the phrase “restriction becomes proper at a later stage” refers to a situation where circumstances change during the examination process, making a previously improper restriction requirement now appropriate. This concept is addressed in MPEP 811.03, which states:
“Where a requirement to restrict is made and thereafter withdrawn as improper, if restriction becomes proper at a later stage in the prosecution, restriction may again be required.”
This could occur due to various factors, such as amendments to the claims that introduce distinct inventions or species, or the discovery of prior art that affects the unity of invention. The key is that the circumstances have changed since the initial withdrawal of the restriction requirement, justifying a new restriction.
To learn more: