Is restriction permitted in reexamination proceedings?

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.

No, restriction is not permitted in reexamination proceedings. The MPEP clearly states:

“With regard to reexamination proceedings, restriction is not permitted.”

This means that during a reexamination of a patent, the examiner cannot require the patent owner to divide the claims into separate applications or to elect a specific group of claims for examination. All claims must be examined together in a reexamination proceeding.