How does 37 CFR 1.141 relate to restriction practice in patent applications?

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.

37 CFR 1.141 is a key regulation that implements the statutory authority for restriction practice. It states:

“Two or more independent and distinct inventions may not be claimed in one national application.”

This regulation directly supports the restriction practice by prohibiting multiple independent and distinct inventions in a single application. It provides the basis for examiners to issue restriction requirements when they identify such situations in patent applications.