Can a restriction requirement be withdrawn after reconsideration?

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.

Yes, a restriction requirement can be withdrawn after reconsideration. If the examiner determines that the requirement was improper, they should:

• Clearly state in the next Office action that the requirement is withdrawn in whole or in part
• Specify which groups have been reinstated
• Provide an action on the merits for all claims directed to the elected invention and any reinstated inventions

The MPEP guidance states: “If the examiner, upon reconsideration, is of the opinion that the requirement for restriction is improper in whole or in part, he or she should clearly state in the next Office action that the requirement for restriction is withdrawn in whole or in part, specify which groups have been reinstated, and give an action on the merits of all the claims directed to the elected invention and any invention reinstated with the elected invention.” (MPEP 821.01)