Who is responsible for making a restriction requirement in patent applications?

The primary responsibility for making a restriction requirement in patent applications lies with the assigned examiner. According to MPEP 812, “The examiner to which the application has been assigned will make the restriction requirement, unless the classification is not reasonably correct and complete.” This means that the examiner who is initially assigned to review the application is typically the one who determines if a restriction requirement is necessary.

To learn more:

• Patent Examination
• Restriction Requirement
• Patent Classification
• USPTO Procedures