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.
There are two main criteria for a proper requirement for restriction between patentably distinct inventions:
- The inventions must be independent or distinct
- There must be a serious search and/or examination burden on the examiner if restriction is not required
As stated in MPEP 803:
“There are two criteria for a proper requirement for restriction between patentably distinct inventions: (A) The inventions must be independent ( MPEP § 802.01, § 806.06, and § 808.01) or distinct ( MPEP § 806.05 – § 806.05(j) ); and (B) There would be a serious burden on the examiner if restriction is not required ( MPEP § 803.02, § 808, and § 808.02).”
Examiners must provide reasons and/or examples to support these conclusions, but typically do not need to cite documents to support the restriction requirement.