Can a patent examiner issue a new restriction requirement after an applicant has already complied with a previous one?

This page is an FAQ based on guidance 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.

Yes, a patent examiner can issue a new restriction requirement even after an applicant has complied with a previous one. This is supported by MPEP 811.02, which states:

“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 requirement with which applicant complied.”

This means that as long as the prosecution is not yet final, the examiner has the authority to issue additional restriction requirements if they become necessary during the examination process.