Can a restriction requirement be repeated after being withdrawn?

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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 Yes, a restriction requirement can be repeated after being withdrawn. According to MPEP 811.03 , “Where a requirement to restrict is made and thereafter withdrawn as improper, if restriction becomes proper at a later stage in the prosecution, restriction may again be required.” This means that even if a restriction requirement was initially made and then withdrawn due to being improper, it can be reinstated if it becomes appropriate later in the patent examination process. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Requirement for Restricting at Proper Stage MPEP 811.03 Required Restriction Requirement Should Be Made Early MPEP 811 Recommended Examiner Must Consider Search Burden Before Restricting Claims MPEP 811 Required Invention Restriction Requirement MPEP 802.01 Prohibited Form Paragraphs for Restriction Requirement MPEP 1504.05 Permitted Restriction Requirement for Interfering Claims MPEP 2303 Permitted Traversal of Restriction May Confirm Non-Interfering Claims MPEP 2303 Recommended Restriction Requirement When Unpatentable Claims Delay Interference MPEP 2303 Permitted Requirement to Correct Inventorship After Restriction MPEP 602.09 Recommended Time Limit for Addressing Restriction Requirement MPEP 710.02(c) Permitted Other Related FAQs 5 FAQs Collapse What conditions allow for a restriction requirement to be repeated? How does MPEP 811.03 affect patent examination strategy? What does &#8220;restriction becomes proper at a later stage&#8221; mean in patent prosecution? 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?