What form paragraphs should examiners use for restriction requirements?

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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. According to MPEP 818.01(b) , examiners should use specific form paragraphs when issuing restriction requirements: For general restriction requirements: Form paragraph 8.21 For election of species: Form paragraph 8.01 or 8.02 The MPEP states: “All requirements for restriction, other than those containing only an election of species, should include form paragraph 8.21. For election of species, form paragraph 8.01 or 8.02 should be used.” These form paragraphs include the notice about the necessity of a provisional election even when traversing the requirement. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Requirement for Election of Species Using Form Paragraphs 8.01 or 8.02 MPEP 818.01(b) Recommended Requirement for Election of Species MPEP 818.01(b) Requirement for Including Form Paragraph 8.21 in Restriction MPEP 818.01(b) Recommended Provisional Election Must Be Made Even If Requirement Is Traversed MPEP 818.01(b) Required Election of Invention for Examination Required MPEP 818 Required Traverse Restriction Requirement with Specific Reasons MPEP 818 Required Requirement for Restricting Examination of Multiple Inventions MPEP 818 Permitted Applicant Must Elect Invention for Examination MPEP 818 Required Election Becomes Fixed After Merits Action MPEP 818 Election Becomes Fixed After Merits Examined MPEP 818 Permitted Other Related FAQs 5 FAQs Collapse Is an election required when traversing a restriction requirement? What is the difference between a general restriction requirement and an election of species? What is required when traversing a restriction requirement? What is the purpose of requiring a provisional election when traversing a restriction? What ...