How does a restriction requirement lead to a divisional application?

How does a restriction requirement lead to a divisional application?

A restriction requirement often leads to the filing of a divisional application. This process occurs as follows:

1. An examiner issues a restriction requirement when they believe the original application contains claims to two or more independent or distinct inventions.
2. The applicant must then elect one invention to pursue in the original application.
3. The non-elected inventions can be pursued in one or more divisional applications.

As stated in MPEP 201.06:

“The inventions embodied in the claims of a divisional application are generally further characterized as (1) independent inventions or (2) related inventions which are distinct.”

This means that the divisional application allows the applicant to protect inventions that were disclosed but not pursued in the original application due to the restriction requirement.

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