What are the key regulations implementing restriction practice in patent applications?

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 key regulations implementing restriction practice in patent applications are found in 37 CFR 1.141-1.146. These regulations provide specific guidelines for applying restriction requirements. For example:

• 37 CFR 1.141 outlines the requirements for different types of claims in one application.
• 37 CFR 1.142 addresses the examination of claims in an application.
• 37 CFR 1.143 covers the reconsideration of requirement for restriction.
• 37 CFR 1.144 deals with petition from requirement for restriction.
• 37 CFR 1.145 addresses subsequent presentation of claims for different invention.
• 37 CFR 1.146 covers the election of species.

These regulations work together to implement the statutory authority provided by 35 U.S.C. 121 and provide a framework for examiners and applicants to navigate restriction requirements.