What is the purpose of a restriction requirement in patent applications?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

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.

A restriction requirement is a formal request made by the USPTO under 35 U.S.C. 121 to limit the examination of a patent application to a single invention or a group of related inventions. The purpose is to manage the examination process efficiently when an application contains multiple distinct inventions.

According to MPEP 817, a restriction requirement should include:

  • A statement of the requirement to restrict
  • Identification of each group of inventions
  • A short description of the subject matter claimed in each group
  • Classification of each group
  • An allegation of independence or distinctness between the inventions
  • Reasons for insisting upon restriction

The examiner must provide a clear explanation of why the inventions are independent or distinct and why there would be a serious search and/or examination burden if restriction were not required.

Tags: 35 u.s.c. 121, distinct inventions, mpep 817, Restriction Requirement, USPTO