When should an examiner examine all claims despite potential distinctness?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. An examiner should examine all claims on their merits, even if they include claims to independent or distinct inventions, when the search and examination can be made without serious burden. The MPEP 803 clearly states: “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 guideline emphasizes the importance of efficiency in patent examination. If the examiner can reasonably search and examine all claims without a significant increase in effort or resources, they should do so rather than issuing a restriction requirement. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Merits Examination Required Without Serious Burden MPEP 803 Required Requirement for Serious Search Burden MPEP 803 Required Proper Restriction Criteria for Distinct Inventions MPEP 803 Required Requirement for Showing Serious Search Burden MPEP 803 Permitted Claims Must Support Separate Patents and Be Independent or Distinct MPEP 803 Required Restriction Practice for Genus-Species Claims MPEP 803 Requirement for Prima Facie Showing of Serious Search/Examination Burden MPEP 803 Permitted Obviousness Admission Requires No Restriction MPEP 803 Required Requirement for Showing Non-Prior Art Issues for Separate Inventions MPEP 803 Permitted Criteria for Restricting Markush Claims MPEP 803 Other Related FAQs 5 FAQs Collapse Are there exceptions to comprehensive patent examination? What is the difference between the 1996 and 2007 USPTO policies on nucleotide sequences? What are the implications of the 2007 USPTO policy change for pendi...