MPEP § 808 — Reasons for Insisting Upon Restriction (Annotated Rules)
This page consolidates and annotates all enforceable requirements under MPEP § 808, 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.
Reasons for Insisting Upon Restriction
This section addresses Reasons for Insisting Upon Restriction.
Key Rules
Conditional Requirements (1)
Every requirement to restrict has two aspects: (A) the reasons (as distinguished from the mere statement of conclusion) why each invention as claimed is either independent or distinct from the other(s); and (B) the reasons why there would be a serious search and/or examination burden on the examiner if restriction is not required, i.e., the reasons for insisting upon restriction therebetween as set forth in the following sections.
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 § 808 — Reasons for Insisting Upon Restriction
Source: USPTO808 Reasons for Insisting Upon Restriction [R-07.2022]
Every requirement to restrict has two aspects: (A) the reasons (as distinguished from the mere statement of conclusion) why each inventionas claimed is either independent or distinct from the other(s); and (B) the reasons why there would be a serious search and/or examination burden on the examiner if restriction is not required, i.e., the reasons for insisting upon restriction therebetween as set forth in the following sections.