What is patentability report practice and how does it relate to restriction practice?
Patentability report practice is a procedure outlined in MPEP § 705 that facilitates the handling of certain patent applications. However, it’s important to note that this practice does not affect or modify restriction practice. As stated in MPEP § 807:
“Patentability report practice ( MPEP § 705 ), has no effect upon, and does not modify in any way, the practice of restriction, being designed merely to facilitate the handling of cases in which restriction cannot properly be required.”
In other words, patentability report practice is a separate procedure that does not change how examiners apply restriction requirements in patent applications.
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