When should a restriction requirement be made in a patent application?

According to the Manual of Patent Examining Procedure (MPEP), a restriction requirement should be made in a patent application only when specific conditions are met. MPEP § 806 states:

“…it is imperative the requirement should never be made where related inventions as claimed are not distinct.”

This guidance emphasizes that restriction requirements should only be made when:

• The application contains two or more independent and distinct inventions.
• The inventions as claimed are clearly separable and distinct.
• There would be a serious burden on the examiner if restriction is not required.

It’s crucial for patent examiners to carefully consider these factors before issuing a restriction requirement. Improper restrictions can lead to unnecessary divisional applications, increased prosecution costs for applicants, and potential issues with double patenting in the future.

For more detailed information on the criteria for distinctness, examiners and applicants should refer to MPEP § 806.05 through § 806.05(j) and § 809.03.

To learn more:

• restriction requirement
• patent application
• MPEP 806
• distinct inventions
• patent examination