How does the USPTO handle telephone restriction requirements in patent applications?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs 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 a restriction requirement is made via telephone and the applicant makes an oral election of a single invention, the USPTO follows a specific procedure. According to MPEP 810 : “In those applications wherein a requirement for restriction is made via telephone and applicant makes an oral election of a single invention, the written record of the restriction requirement will be accompanied by a complete action on the merits of the elected claims. See MPEP § 812.01.” This means that for telephone restriction requirements: The examiner will make a written record of the restriction requirement This written record will include a complete action on the merits of the elected claims The applicant does not need to wait for a separate office action on the merits Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Complete Action on Elected Claims When Made Via Phone MPEP 810 Final Restriction Requirement Includes Merits Action MPEP 810 Restriction Requirement Made Final After Traversal MPEP 810 Extension of Time for Reply to Restriction Requirement MPEP 810 Permitted Restriction Requirement Should Be Made Final Promptly MPEP 810 Recommended 2-Month Reply Period for Written Restriction Without Merits Action MPEP 810 No Merit Action for Nonfinal Restriction MPEP 810 Restriction Requirement for Non-Elected Claims in Reissue MPEP 1450 Form Paragraphs for Restriction Requirement MPEP 1504.05 Permitted Restriction Requirement for Species Election and Restriction Practice MPEP 803.03 Other Related FAQs 5 FAQs Collapse Are there exceptions to comprehensive patent examination? When should a restriction requirement be made final in a patent application? What is the general procedure ...