How can a serious search burden be demonstrated in a restriction requirement?

Question

Accepted Answer

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. A serious search burden on the examiner can be prima facie shown through appropriate explanation of: Separate classification Separate status in the art A different field of search The MPEP 803 states: “For purposes of the initial requirement, a serious search burden on the examiner may be prima facie shown by appropriate explanation of separate classification, or separate status in the art, or a different field of search as defined in MPEP § 808.02.” These explanations provide a basis for demonstrating that searching for both inventions would require additional effort and resources, justifying the restriction requirement. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Requirement for Showing Serious Search Burden MPEP 803 Permitted Requirement for Serious Search Burden MPEP 803 Required Requirement for Prima Facie Showing of Serious Search/Examination Burden MPEP 803 Permitted Both Distinctness Criteria Must Be Demonstrated MPEP 803 Required Requirement for Showing Non-Prior Art Issues for Separate Inventions MPEP 803 Permitted Proper Restriction Criteria for Distinct Inventions MPEP 803 Required Restriction Practice for Genus-Species Claims MPEP 803 Obviousness Admission Requires No Restriction MPEP 803 Required Criteria for Restricting Markush Claims MPEP 803 Claims Must Support Separate Patents and Be Independent or Distinct MPEP 803 Required Other Related FAQs 5 FAQs Collapse Are there exceptions to comprehensive patent examination? What is the difference between the 1996 and 2007 USPTO policies on nucleotide sequences? What are the implications of the 2007 USPTO policy change for pending applications with multiple nucleotide sequences? What is the signific...