What is the purpose of restricting an application to interfering claims?

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 purpose of restricting an application to interfering claims is to separate potentially conflicting inventions and streamline the examination process. According to MPEP 2304.01(d):

“Similarly, the examiner should require an applicant to restrict an application to the interfering claims in accordance with pre-AIA 35 U.S.C. 121, in which case the applicant may file a divisional application for the claims that do not interfere.”

This approach allows for focused examination of interfering claims while permitting the prosecution of non-interfering claims in separate applications. It helps manage potential interferences more effectively and can expedite the examination of non-conflicting subject matter.