When can a patent examiner make a restriction requirement?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 7 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. A patent examiner can make a restriction requirement when two or more independent and distinct inventions are presented for examination, and a serious search and/or examination burden exists. The MPEP § 818 states: “When two or more independent and distinct inventions are presented for examination, the examiner may make a restriction requirement if a serious search and/or examination burden exists.” This means that if the examiner determines that the application contains multiple inventions that are sufficiently different and would require separate searches or examinations, they can issue a restriction requirement to narrow the scope of the application. Related Rules from the Manual of Patent Examining Procedure 7 rules Collapse Applicant Must Elect Invention for Examination MPEP 818 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 Requirement for Designating One Invention to Prosecute MPEP 818 Election Becomes Fixed After Merits Action MPEP 818 Election Becomes Fixed After Merits Examined MPEP 818 Permitted Other Related FAQs 5 FAQs Collapse What are the key elements patent examiners check in amended applications? What happens if the linking claim is found allowable in a restriction requirement? Can a broad allegation of error satisfy the requirement for a complete reply to a restriction requirement? What happens if an applicant cancels claims without an express election statement? What constitutes a complete reply to a restriction requirement?