What is the general procedure for action on the merits in a patent application with a restriction requirement?

In general, when a nonfinal written restriction requirement is made in a patent application, no action on the merits is given. The procedure typically follows these steps:

• A 2-month shortened statutory period is set for reply to the written restriction requirement.
• This period may be extended under 37 CFR 1.136(a).
• The Office action making the restriction requirement final usually includes an action on the merits of the claims of the elected invention.

As stated in MPEP 810: “The Office action making the restriction requirement final also ordinarily includes an action on the merits of the claims of the elected invention. See 37 CFR 1.143.”

To learn more:

• restriction requirement
• action on the merits
• patent application procedure
• statutory period
• CFR 1.136(a)
• CFR 1.143