What is the relationship between “independent or distinct inventions” and “serious burden” in patent restriction?

The relationship between “independent or distinct inventions” and “serious burden” in patent restriction is crucial for determining when restriction is proper. According to MPEP 803, both conditions must be met for a restriction to be proper:

1. The inventions must be independent or distinct as claimed
2. There would be a serious burden on the examiner if restriction is not required

The MPEP emphasizes: “If the search and examination of all the claims in an application can be made without serious burden, the examiner must examine them on the merits, even though they include claims to independent or distinct inventions.” This means that even if inventions are independent or distinct, restriction is not proper unless examining all claims would pose a serious burden on the examiner.

To learn more:

• independent inventions
• distinct inventions
• serious burden
• restriction criteria