When can an applicant petition against a final restriction requirement with linking claims?

An applicant has two options for petitioning against a final restriction requirement with linking claims:

1. Petition immediately after the restriction is made final, without waiting for a final action on the merits of the linking claims.
2. Defer the petition until after the linking claims have been finally rejected, but no later than the notice of appeal.

The MPEP Section 818.01(d) states:

“When a final restriction requirement is contingent on the nonallowability of the linking claims, applicant may petition from the requirement under 37 CFR 1.144 without waiting for a final action on the merits of the linking claims or applicant may defer his or her petition until the linking claims have been finally rejected, but not later than the notice of appeal.”

This provision allows applicants flexibility in timing their petition based on their strategic considerations.

To learn more:

• restriction requirement
• petition
• linking claims
• final rejection
• patent application