What is the latest point in patent prosecution when a restriction requirement can be made?
According to MPEP 811, which cites 37 CFR 1.142(a), a restriction requirement can be made at any time before final action. The MPEP states:
“37 CFR 1.142(a), second sentence, indicates that a restriction requirement ‘will normally be made before any action upon the merits; however, it may be made at any time before final action.'”
This means that while early restriction is preferred, examiners have the flexibility to make a restriction requirement up until the point of final action in the patent prosecution process.
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