How does the presence of a generic claim affect restriction requirements?

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.

The presence of a generic claim or a claim linking multiple products or multiple processes can significantly impact restriction requirements. When such claims are present, examiners must follow specific procedures outlined in the MPEP.

MPEP § 806.05(j) directs examiners to refer to other sections in such cases: “See MPEP § 809 – § 809.03 if a generic claim or claim linking multiple products or multiple processes is present.“

These sections provide guidance on how to handle restriction requirements when generic or linking claims are present, including:

• Determining the scope of examination
• Treatment of generic claims
• Handling of linking claims
• Rejoinder practices

The presence of such claims may affect the scope of the restriction requirement and the subsequent examination process, potentially allowing for broader coverage of related inventions.