MPEP 800 – Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting

This page consolidates and annotates enforceable requirements under MPEP 800 — Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

MetricValueShare of total
Rules extracted1,522
4.0%
Citations to Authorities
MPEP2,183
USC1,163
CFR551
PCT0
3.2%
Avg citations per rule2.56
Topics covered170 primary + 265 secondary
17.9%

Pages in this chapter

Page
MPEP § 801 — Introduction7 rules
MPEP § 802 — Basis for Restriction Practice in Statute and Rules17 rules
MPEP § 802.01 — Meaning of “Independent” and “Distinct”20 rules
MPEP § 802.02 — Definition of Restriction0 rules
MPEP § 803 — Restriction — When Proper12 rules
MPEP § 803.01 — Review by Examiner with at Least Partial Signatory Authority3 rules
MPEP § 803.02 — Election of Species Requirements – Markush Claims88 rules
MPEP § 803.03 — Transitional Applications21 rules
MPEP § 803.03(a) — Transitional Application — Linking Claim Allowable1 rules
MPEP § 803.03(b) — Transitional Application — Generic Claim Allowable2 rules
MPEP § 803.04 — Nucleotide Sequences11 rules
MPEP § 803.05 — Reissue Application Practice9 rules
MPEP § 804 — Definition of Double Patenting433 rules
MPEP § 804.01 — Prohibition of Nonstatutory Double Patenting Rejections Under 35 U.S.C. 12145 rules
MPEP § 804.02 — Avoiding a Double Patenting Rejection66 rules
MPEP § 804.03 — Commonly Owned Inventions of Different Inventive Entities; Non-Commonly Owned Inventions Subject to a Joint Research Agreement193 rules
MPEP § 804.04 — Submission to Technology Center Director16 rules
MPEP § 804.05 — Impact of Patent Term Extension under 35 U.S.C. 156 on Nonstatutory Double Patenting9 rules
MPEP § 805 — Effect of Improper Joinder in Patent2 rules
MPEP § 806 — Determination of Distinctness or Independence of Claimed Inventions8 rules
MPEP § 806.01 — Compare Claimed Subject Matter1 rules
MPEP § 806.03 — Single Embodiment, Claims Defining Same Essential Features2 rules
MPEP § 806.04 — Genus and/or Species Inventions4 rules
MPEP § 806.04(b) — Species May Be Independent or Related Inventions9 rules
MPEP § 806.04(d) — Definition of a Generic Claim4 rules
MPEP § 806.04(e) — Claims Limited to Species5 rules
MPEP § 806.04(f) — Restriction Between Mutually Exclusive Species2 rules
MPEP § 806.04(h) — Species Must Be Patentably Distinct From Each Other4 rules
MPEP § 806.04(i) — Generic Claims Presented In a Separate Application After Issuance of Species Claims3 rules
MPEP § 806.05 — Related Inventions7 rules
MPEP § 806.05(a) — Combination and Subcombination0 rules
MPEP § 806.05(c) — Criteria of Distinctness Between Combination and Subcombination26 rules
MPEP § 806.05(d) — Subcombinations Usable Together18 rules
MPEP § 806.05(e) — Process and Apparatus for Its Practice11 rules
MPEP § 806.05(f) — Process of Making and Product Made9 rules
MPEP § 806.05(g) — Apparatus and Product Made8 rules
MPEP § 806.05(h) — Product and Process of Using9 rules
MPEP § 806.05(i) — Product, Process of Making, and Process of Using4 rules
MPEP § 806.05(j) — Related Products; Related Processes14 rules
MPEP § 806.06 — Independent Inventions10 rules
MPEP § 807 — Patentability Report Practice Has No Effect on Restriction Practice1 rules
MPEP § 808 — Reasons for Insisting Upon Restriction1 rules
MPEP § 808.01 — Reasons for Holding of Independence or Distinctness6 rules
MPEP § 808.01(a) — Species10 rules
MPEP § 808.02 — Establishing Burden7 rules
MPEP § 809 — Linking Claims8 rules
MPEP § 809.02 — Election of Species Required31 rules
MPEP § 809.02(a) — Election of Species Required31 rules
MPEP § 809.03 — Restriction Between Linked Inventions6 rules
MPEP § 810 — Action on the Merits7 rules
MPEP § 811 — Time for Making Requirement2 rules
MPEP § 811.02 — New Requirement After Compliance With Preceding Requirement1 rules
MPEP § 811.03 — Repeating After Withdrawal Proper1 rules
MPEP § 811.04 — Proper Even Though Grouped Together in Parent Application1 rules
MPEP § 812 — Who Should Make the Requirement4 rules
MPEP § 812.01 — Telephone Restriction Practice29 rules
MPEP § 814 — Indicate Exactly How Application Is To Be Restricted10 rules
MPEP § 815 — Make Requirement Complete1 rules
MPEP § 817 — Outline of Letter for Restriction Requirement39 rules
MPEP § 818 — Election and Reply7 rules
MPEP § 818.01 — Election in Reply to a Restriction Requirement: Express11 rules
MPEP § 818.01(a) — Reply Must be Complete3 rules
MPEP § 818.01(b) — Election is Required, Even When Requirement Is Traversed4 rules
MPEP § 818.01(c) — Traverse is Required To Preserve Right of Petition7 rules
MPEP § 818.01(d) — Traverse of Restriction Requirement With Linking Claims7 rules
MPEP § 818.02 — Election Other Than Express1 rules
MPEP § 818.02(a) — Election By Originally Presented Claims2 rules
MPEP § 818.02(b) — Generic Claims Only — No Election of Species; Linking Claims Only – No Election of Invention3 rules
MPEP § 818.02(c) — Election By Optional Cancelation of Claims0 rules
MPEP § 818.02(d) — Election By Cancelation of Claims, Lacking Express Election Statement0 rules
MPEP § 819 — Office Generally Does Not Permit Shift9 rules
MPEP § 821 — Treatment of Claims Held To Be Drawn to Nonelected Inventions7 rules
MPEP § 821.01 — After Election With Traverse10 rules
MPEP § 821.02 — After Election Without Traverse8 rules
MPEP § 821.03 — Claims for Different Invention Added After an Office Action24 rules
MPEP § 821.04 — Rejoinder20 rules
MPEP § 821.04(a) — Rejoinder Between Product Inventions; Rejoinder Between Process Inventions54 rules
MPEP § 821.04(b) — Rejoinder of Process Requiring an Allowable Product24 rules
MPEP § 822 — Claims to Inventions That Are Not Patentably Distinct in Plural Applications of Same Applicant or Assignee11 rules
MPEP § 823 — Unity of Invention Under the Patent Cooperation Treaty1 rules