What is the scope of MPEP Chapter 800?

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.

MPEP Chapter 800 focuses on restriction and double patenting in national applications filed under 35 U.S.C. 111(a). The chapter states:

“This chapter is limited to a discussion of the subjects of restriction and double patenting under Title 35 of the United States Code and Title 37 of the Code of Federal Regulations as it relates to national applications filed under 35 U.S.C. 111(a).”

This means the chapter primarily deals with issues of restriction and double patenting in regular non-provisional patent applications filed directly with the USPTO.