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…

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What are the criteria for a proper restriction requirement?

There are two main criteria for a proper requirement for restriction between patentably distinct inventions: The inventions must be independent or distinct There must be a serious search and/or examination burden on the examiner if restriction is not required As stated in MPEP 803: “There are two criteria for a proper requirement for restriction between…

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