MPEP § 811 — Time for Making Requirement (Annotated Rules)
§811 Time for Making Requirement
This page consolidates and annotates all enforceable requirements under MPEP § 811, 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.
Time for Making Requirement
This section addresses Time for Making Requirement. Primary authority: 37 CFR 1.142(a). Contains: 1 guidance statement.
Key Rules
Restriction Requirement (MPEP 802-803)
37 CFR 1.142(a), second sentence, indicates that a restriction requirement “will normally be made before any action upon the merits; however, it may be made at any time before final action.” This means the examiner should make a proper requirement as early as possible in the prosecution, in the first action if possible, otherwise, as soon as the need for a proper requirement develops.
Citations
| Primary topic | Citation |
|---|---|
| Restriction Requirement (MPEP 802-803) | 37 CFR § 1.142(a) |
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 § 811 — Time for Making Requirement
Source: USPTO811 Time for Making Requirement [R-07.2022]
37 CFR 1.142(a), second sentence, indicates that a restriction requirement “will normally be made before any action upon the merits; however, it may be made at any time before final action.” This means the examiner should make a proper requirement as early as possible in the prosecution, in the first action if possible, otherwise, as soon as the need for a proper requirement develops.
Before requiring restriction of claims previously examined on the merits, the examiner must consider whether there will be a serious search and/or examination burden if restriction is not required.