MPEP § 806.03 — Single Embodiment, Claims Defining Same Essential Features (Annotated Rules)
§806.03 Single Embodiment, Claims Defining Same Essential Features
This page consolidates and annotates all enforceable requirements under MPEP § 806.03, 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.
Single Embodiment, Claims Defining Same Essential Features
This section addresses Single Embodiment, Claims Defining Same Essential Features.
Key Rules
Restriction Requirement (MPEP 802-803)
Where such claims are voluntarily presented in different applications having at least one common (joint) inventor or a common assignee (i.e., no restriction requirement was made by the Office), disclosing the same embodiments, see MPEP § 804 – § 804.02.
Citations
| Primary topic | Citation |
|---|---|
| Restriction Requirement (MPEP 802-803) | 37 CFR § 804.02 |
| Restriction Requirement (MPEP 802-803) | MPEP § 804 |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 806.03 — Single Embodiment, Claims Defining Same Essential Features
Source: USPTO806.03 Single Embodiment, Claims Defining Same Essential Features [R-07.2022]
Where the claims of an application define the same essential characteristics of a single disclosed embodiment of an invention, restriction therebetween should never be required. This is because the claims are not directed to distinct inventions; rather they are different definitions of the same disclosed subject matter, varying in breadth or scope of definition.
Where such claims are voluntarily presented in different applications having at least one common (joint) inventor or a common assignee (i.e., no restriction requirement was made by the Office), disclosing the same embodiments, see MPEP § 804 – § 804.02.