What should patent applicants know about the relationship between patentability reports and restriction requirements?

Patent applicants should understand that patentability reports and restriction requirements are separate procedures that do not affect each other. According to MPEP § 807:

“Patentability report practice ( MPEP § 705 ), has no effect upon, and does not modify in any way, the practice of restriction, being designed merely to facilitate the handling of cases in which restriction cannot properly be required.”

This means that:

• The presence of a patentability report does not prevent an examiner from issuing a restriction requirement if warranted.
• Conversely, the absence of a restriction requirement does not necessarily mean a patentability report will be issued.
• Applicants should respond to restriction requirements and patentability reports separately, as they serve different purposes in the examination process.

To learn more:

• patentability reports
• restriction requirements
• MPEP 807
• patent application process