What factors must an examiner consider before making a late restriction requirement?
When considering a late restriction requirement (i.e., after an action on the merits), an examiner must take into account specific factors. According to MPEP 811: “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.” This…
Read MoreWhat are the consequences of a late restriction requirement in patent examination?
While a late restriction requirement is permissible, it can have several consequences in the patent examination process. According to MPEP 811: “However, public policy dictates that when a requirement can be made in the first action, it should be done as soon as possible. This policy should be followed as far as practical, even where…
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