37 CFR § 1.144 — Petition from requirement for (MPEP Coverage Index) – BlueIron IP

This page consolidates MPEP guidance interpreting 37 CFR § 1.144, including 35 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Summary

This section covers petitions and protests on lack of unity requirements after a restriction requirement by an examiner in a patent application, including filing deadlines and necessary elements.

What this section covers

This section covers petitions and protests on lack of unity requirements after a restriction requirement by an examiner in a patent application (MPEP § 818.01(c)).

Key obligations

Petitions must be filed not later than after final action on or allowance of claims to the elected invention.
Traverse the requirement for restriction before filing a petition.
Reconsideration of the restriction requirement must be requested before filing a petition.

Practice notes

Ensure all required elements are included in the petition to avoid rejection.
Failing to traverse the restriction requirement before filing a petition can result in rejection.

Petitions and Protests on Lack of Unity RequirementMPEP 1002.02(c)
Final Restriction After Oral TraverseMPEP 812.01Recommended
Final Restriction After Allowable InventionMPEP 812.01
Failure to Act Treats as Authorization for Examiner’s AmendmentMPEP 812.01
Examiner Must Finalize Restriction Requirement After Oral TraverseMPEP 812.01
Petition to Review Requirement After Final ActionMPEP 818.01(c)Permitted
Petition for Review Must Be Filed Before AppealMPEP 818.01(c)Required
Petition Must Follow Restriction RequirementMPEP 818.01(c)
Traverse Must Identify ErrorsMPEP 818.01(c)Required
Petition Can Be Delayed Until Claims Are FinalizedMPEP 818.01(c)Permitted
Petition Must Be Filed Before Notice of AppealMPEP 818.01(c)Prohibited
No Distinct Errors Must Be Pointed OutMPEP 818.01(c)Recommended
Requirement for Lost Petition RightMPEP 821.02

Provisional Election Lost After Final RejectionMPEP 803.02Required
Proper Traverse Must Include Specific ReasonsMPEP 818.01(d)Required
Timely Filing of Petitions RequiredMPEP 1201Required
Petition for Review Must Be Filed Before AppealMPEP 818.01(c)Required
Traverse Must Identify ErrorsMPEP 818.01(c)Required

35 U.S.C. 121 Shield for Divisional ApplicationsMPEP 803.02Permitted
Claims Not Directed to Elected Invention WithdrawnMPEP 821
Requirement for Traversing Non-Elected Claims WithdrawalMPEP 821Permitted
Final Office Action Requirements MetMPEP 803.02Permitted
Non-Statutory Double Patenting for Divisional ClaimsMPEP 803.02Prohibited
Amendment of Rejected Species After Final Typically DeniedMPEP 803.02Permitted
Examiner Must Explain Why Withdrawn Claims Are Not Directed to Elected InventionMPEP 821Recommended
Requirement for Proper Restriction ElectionMPEP 821
C* Classification Challenge Required After Claim WithdrawalMPEP 821Recommended
Jurisdictional Distinction Between PTAB and DirectorMPEP 1201Recommended
Petitions and Appeals DistinctionMPEP 1201Recommended
Objections Determinative of Rejection Are AppealableMPEP 1201Permitted
Petitionable Matters Not Appealable to PTABMPEP 1201
Matters Petitionable to the Director, Not AppealableMPEP 1201
Right to Petition Preserved After Final Restriction Despite Canceled Linking ClaimsMPEP 818.01(d)
Petition for Review After Final Election with TraverseMPEP 803.02Permitted
Final Restriction Requirement for Linking ClaimsMPEP 818.01(d)Permitted
Timely Traversal for Review of Restriction RequirementMPEP 821Permitted
Right to Petition Retained Under 37 CFR 1.144MPEP 821.01

MPEP Section	Rules
MPEP § 1002.02(c)	Petitions and Protests on Lack of Unity RequirementMPEP 1002.02(c)
MPEP § 1201	Jurisdictional Distinction Between PTAB and DirectorMPEP 1201Recommended Petitions and Appeals DistinctionMPEP 1201Recommended Objections Determinative of Rejection Are AppealableMPEP 1201Permitted Petitionable Matters Not Appealable to PTABMPEP 1201 Matters Petitionable to the Director, Not AppealableMPEP 1201 Timely Filing of Petitions RequiredMPEP 1201Required
MPEP § 803.02	35 U.S.C. 121 Shield for Divisional ApplicationsMPEP 803.02Permitted Final Office Action Requirements MetMPEP 803.02Permitted Provisional Election Lost After Final RejectionMPEP 803.02Required Non-Statutory Double Patenting for Divisional ClaimsMPEP 803.02Prohibited Amendment of Rejected Species After Final Typically DeniedMPEP 803.02Permitted Petition for Review After Final Election with TraverseMPEP 803.02Permitted
MPEP § 812.01	Final Restriction After Oral TraverseMPEP 812.01Recommended Final Restriction After Allowable InventionMPEP 812.01 Failure to Act Treats as Authorization for Examiner’s AmendmentMPEP 812.01 Examiner Must Finalize Restriction Requirement After Oral TraverseMPEP 812.01
MPEP § 818.01(c)	Petition to Review Requirement After Final ActionMPEP 818.01(c)Permitted Petition for Review Must Be Filed Before AppealMPEP 818.01(c)Required Petition Must Follow Restriction RequirementMPEP 818.01(c) Traverse Must Identify ErrorsMPEP 818.01(c)Required Petition Can Be Delayed Until Claims Are FinalizedMPEP 818.01(c)Permitted Petition Must Be Filed Before Notice of AppealMPEP 818.01(c)Prohibited No Distinct Errors Must Be Pointed OutMPEP 818.01(c)Recommended
MPEP § 818.01(d)	Proper Traverse Must Include Specific ReasonsMPEP 818.01(d)Required Right to Petition Preserved After Final Restriction Despite Canceled Linking ClaimsMPEP 818.01(d) Final Restriction Requirement for Linking ClaimsMPEP 818.01(d)Permitted
MPEP § 821	Claims Not Directed to Elected Invention WithdrawnMPEP 821 Requirement for Traversing Non-Elected Claims WithdrawalMPEP 821Permitted Examiner Must Explain Why Withdrawn Claims Are Not Directed to Elected InventionMPEP 821Recommended Requirement for Proper Restriction ElectionMPEP 821 C* Classification Challenge Required After Claim WithdrawalMPEP 821Recommended Timely Traversal for Review of Restriction RequirementMPEP 821Permitted
MPEP § 821.01	Right to Petition Retained Under 37 CFR 1.144MPEP 821.01
MPEP § 821.02	Requirement for Lost Petition RightMPEP 821.02

Related Provisions

Based on MPEP Last Modified: 10/30/2024 08:50:22

37 CFR § 1.144 — Petition from requirement for (MPEP Coverage Index) – BlueIron IP

37 CFR § 1.144 Petition from requirement for

Summary

Official MPEP § 1.144 — Petition from requirement for

1.144 Petition from requirement for restriction.

Verbatim in MPEP

Required Actions

Key Interpretations

Topics

MPEP Coverage

Related Provisions