What is the general procedure for action on the merits in a patent application with a restriction requirement?

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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. In general, when a nonfinal written restriction requirement is made in a patent application, no action on the merits is given. The procedure typically follows these steps: A 2-month shortened statutory period is set for reply to the written restriction requirement. This period may be extended under 37 CFR 1.136(a) . The Office action making the restriction requirement final usually includes an action on the merits of the claims of the elected invention. As stated in MPEP 810 : “The Office action making the restriction requirement final also ordinarily includes an action on the merits of the claims of the elected invention. See 37 CFR 1.143 .” Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Extension of Time for Reply to Restriction Requirement MPEP 810 Permitted Final Restriction Requirement Includes Merits Action MPEP 810 2-Month Reply Period for Written Restriction Without Merits Action MPEP 810 Restriction Requirement Should Be Made Final Promptly MPEP 810 Recommended Complete Action on Elected Claims When Made Via Phone MPEP 810 Restriction Requirement Made Final After Traversal MPEP 810 No Merit Action for Nonfinal Restriction MPEP 810 Invention Restriction Requirement MPEP 802.01 Prohibited Restriction Requirement for Non-Elected Claims in Reissue MPEP 1450 Petition to Traverse Restriction Requirement MPEP 803.03 Other Related FAQs 5 FAQs Collapse Are there exceptions to comprehensive patent examination? When should a restriction requirement be made final in a patent application? What is the statutory period for replying to a written restriction requirement in a patent application? How does a telephone restriction requirement differ from a written restrict...