How does an examiner group inventions in a restriction requirement?
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.
When grouping inventions in a restriction requirement, examiners follow specific guidelines outlined in MPEP 817. The process involves:
- Identifying each group by Roman numeral
- Listing claims in each group
- Providing a short description of the subject matter claimed in each group
- Classifying each group
The MPEP provides form paragraphs for examiners to use when grouping inventions. For example, Form Paragraph 8.08 states:
“Restriction to one of the following inventions is required under 35 U.S.C. 121:
I. Claim [1], drawn to [2], classified in [3].
II. Claim [4], drawn to [5], classified [6].”
Examiners must insert the appropriate claim numbers, descriptions, and classification information for each group. This structured approach ensures clarity and consistency in restriction requirements.