MPEP § 811.02 — New Requirement After Compliance With Preceding Requirement (Annotated Rules)

§811.02 New Requirement After Compliance With Preceding Requirement

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 811.02, 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.

New Requirement After Compliance With Preceding Requirement

This section addresses New Requirement After Compliance With Preceding Requirement. Primary authority: 37 CFR 1.142(a). Contains: 1 permission.

Key Rules

Topic

Restriction Requirement (MPEP 802-803)

1 rules
StatutoryPermittedAlways
[mpep-811-02-e7d034f81c13a9aa1da46ac7]
Requirement for Second Restriction When Proper
Note:
A second restriction requirement may be made if it becomes proper, even after a prior requirement was complied with.

Since 37 CFR 1.142(a) provides that restriction is proper at any stage of prosecution up to final action, a second requirement may be made when it becomes proper, even though there was a prior requirement with which applicant complied. Ex parte Benke, 1904 C.D. 63, 108 OG 1588 (Comm’r Pat. 1904).

Jump to MPEP Source · 37 CFR 1.142(a)Restriction Requirement (MPEP 802-803)Restriction and Election Practice (MPEP Chapter 800)

Citations

Primary topicCitation
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.

BlueIron Last Updated: 2025-12-31