How should an examiner indicate restrictions in a patent application?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 4 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. According to MPEP 814 , an examiner must provide a clear and detailed record of the restriction requirement. The MPEP states: “The examiner must provide a clear and detailed record of the restriction requirement to provide a clear demarcation between restricted inventions so that it can be determined whether inventions claimed in a divisional application are consonant with the restriction requirement and therefore subject to the prohibition against double patenting rejections under 35 U.S.C. 121.” This clear record helps prevent potential double patenting issues in future divisional applications. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Requirement for Clear Demarcation Between Restricted Inventions MPEP 814 Required Requirement for Clear Demarcation Between Restricted Inventions MPEP 814 Divisional Application Claims Not Consonant with Original MPEP 804.01 Required Double Patenting Rejection Allowed for Identical Inventions in Divisional and Parent Applications MPEP 804.01 How to Require Restriction Between Species MPEP 814 Requirement for Specifying Claim Limitations MPEP 814 Recommended Requirement for Election of Species MPEP 814 Permitted Read All Claims to Determine Coverage MPEP 814 Claims Must Be Allocated to Inventions MPEP 814 Recommended Separate Inventions Must Be Grouped and Described MPEP 814 Recommended Other Related FAQs 4 FAQs Collapse How should examiners handle inventions other than species in restriction requirements? Why is a clear record of restriction requirements important in patent examination? What are linking claims in patent applications and how should they be treated? What is the process for restricting between species in a pa...