What is the legal basis for restriction requirements in patent applications?

Restriction requirements in patent applications are based on 35 U.S.C. 121. As mentioned in MPEP 803.01: “Since requirements for restriction under 35 U.S.C. 121 are discretionary with the Director, it becomes very important that the practice under this section be carefully administered.” This statutory provision gives the USPTO discretion in applying restriction requirements, which must…

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What is the legal basis for rejecting design patents with offensive content?

The legal basis for rejecting design patents with offensive content stems from multiple sources in U.S. patent law and regulations: 35 U.S.C. 171: This statute defines the requirements for design patents. MPEP 1504.01(e) interprets this to exclude offensive subject matter: “Design applications which disclose subject matter which could be deemed offensive to any race, religion,…

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What is the legal basis for issuing multiple restriction requirements during patent prosecution?

The legal basis for issuing multiple restriction requirements during patent prosecution is found in 37 CFR 1.142(a). According to MPEP 811.02: “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…

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What is the legal basis for rejecting design patent applications that simulate existing objects?

The legal basis for rejecting design patent applications that simulate existing objects stems from the originality requirement in 35 U.S.C. 171. The MPEP 1504.01(d) explains: “35 U.S.C. 171 requires that a design to be patentable be ‘original.’ Clearly, a design which simulates an existing object or person is not original as required by the statute.”…

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