What does “restriction becomes proper at a later stage” mean in patent prosecution?

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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. In the context of patent prosecution, the phrase “restriction becomes proper at a later stage” refers to a situation where circumstances change during the examination process, making a previously improper restriction requirement now appropriate. This concept is addressed in MPEP 811.03 , which states: “Where a requirement to restrict is made and thereafter withdrawn as improper, if restriction becomes proper at a later stage in the prosecution, restriction may again be required.” This could occur due to various factors, such as amendments to the claims that introduce distinct inventions or species, or the discovery of prior art that affects the unity of invention. The key is that the circumstances have changed since the initial withdrawal of the restriction requirement, justifying a new restriction. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Requirement for Restricting at Proper Stage MPEP 811.03 Required Restriction Requirement Should Be Made Early MPEP 811 Recommended Examiner Must Consider Search Burden Before Restricting Claims MPEP 811 Required Invention Restriction Requirement MPEP 802.01 Prohibited Requirement for Independent and Distinct Inventions MPEP 802.01 Permitted Requirement for Independent and Distinct Inventions MPEP 802.01 Permitted Restriction Requirement for Interfering Claims MPEP 2303 Permitted Form Paragraphs for Restriction Requirement MPEP 1504.05 Permitted Traversal of Restriction May Confirm Non-Interfering Claims MPEP 2303 Recommended Restriction Requirement When Unpatentable Claims Delay Interference MPEP 2303 Permitted Other Related FAQs 5 FAQs Collapse What conditions allow for a restriction requirement to be repeated? How doe...