Can a restriction requirement be made after an action on the merits?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs 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 restriction requirement can be made after an action on the merits, but certain conditions apply. 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 means that while it’s possible to make a restriction requirement after examining claims on their merits, the examiner must justify this decision by demonstrating a serious search or examination burden. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Examiner Must Consider Search Burden Before Restricting Claims MPEP 811 Required Restriction Requirement Should Be Made Early MPEP 811 Recommended Requirement for Serious Search Burden MPEP 803.02 Permitted Invention Restriction Requirement MPEP 802.01 Prohibited Examiner Must Explain Differences Between Embodiments MPEP 1504.05 Permitted Form Paragraphs for Restriction Requirement MPEP 1504.05 Permitted Restriction Requirement for Interfering Claims MPEP 2303 Permitted Restriction of Interfering Claims Is Permitted MPEP 2303 Permitted Cancellation of Claims Allowed Without Restriction Requirement MPEP 2303 Permitted Restriction of Unpatentable Claims Not Ordinarily Appropriate MPEP 2303 Other Related FAQs 5 FAQs Collapse What conditions allow for a restriction requirement to be repeated? What are the consequences of a late restriction requirement in patent examination? What is the significance of Ex parte Benke in relation to restriction requirements? What factors must an examiner consider before making a late restriction requirement? What is the latest point in patent prosecution when a r...