Can a restriction requirement be made after the first Office action in a patent application?

Yes, a restriction requirement can be made after the first Office action in a patent application, although it’s generally preferred to make it earlier. The MPEP 811 states:

“While it is held that an examiner should make a proper requirement as early as possible in the prosecution, in the first action if possible, it is not to be assumed that a requirement made at any time prior to final action violates the second sentence of this paragraph.”

This means that while early restriction is encouraged, an examiner can make a restriction requirement at any point before the final action without violating the rules. However, late restrictions may lead to additional work for both the examiner and the applicant, so they are generally avoided unless necessary.

To learn more:

• restriction requirement
• patent examination
• Office action
• MPEP 811