What is the statutory basis for restriction practice in patent applications?

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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. The statutory basis for restriction practice in patent applications is found in 35 U.S.C. 121 . This statute states: “If two or more independent and distinct inventions are claimed in one application, the Director may require the application to be restricted to one of the inventions.” This provision gives the USPTO the authority to require applicants to limit their application to a single invention when multiple inventions are claimed. The purpose is to maintain the efficiency of the patent examination process and ensure that each invention receives a thorough and focused review. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Invention Restriction Required for Multiple Claims MPEP 802 Permitted Invention Restriction Required for Multiple Claims MPEP 802 Permitted Requirement for Patent Applications Filed After September 16, 2012 MPEP 802 Multiple Species Within One Application MPEP 802 Prohibited Patent Validity Not Questioned for Unrestricted Applications MPEP 802 Prohibited Patent Validity Not Questioned for Unrestricted Applications MPEP 802 Prohibited Requirement for Election of Invention MPEP 802 Permitted Requirement for Divisional Applications After September 16, 2012 MPEP 802 Divisional Application Entitled to Original Filing Date MPEP 802 Required Patent Not a Reference Against Divisional Application MPEP 802 Prohibited Other Related FAQs 5 FAQs Collapse How does 37 CFR 1.141 relate to restriction practice in patent applications? What are the criteria for patentably distinct inventions in patent applications? What are the general principles for determining distinctness or independence of claimed inventions? How are independent species determined in pat...