How does 35 U.S.C. 121 relate to restriction requirements in patent applications?
How does 35 U.S.C. 121 relate to restriction requirements in patent applications?
35 U.S.C. 121 is the statutory foundation for restriction requirements in patent applications. It states:
“If two or more independent and distinct inventions are claimed in one application, the Director may require the application to be restricted to one of the inventions.”
This statute gives the USPTO the authority to require applicants to limit their applications to a single invention when multiple independent and distinct inventions are claimed. It also provides for the filing of divisional applications to pursue the non-elected inventions separately.
To learn more: