Can examiners with partial signatory authority issue restriction requirements?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

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, examiners with partial signatory authority can issue restriction requirements, but only in non-final Office actions. According to MPEP 803.01:

“An examiner with permanent partial signatory authority or temporary partial signatory authority may sign non-final Office actions containing a final requirement for restriction.”

This allows examiners with partial authority to contribute to the examination process while reserving final decisions for those with full signatory authority.

Tags: non-final office actions, partial signatory authority, patent examination, Restriction Requirements