What is the latest point in patent prosecution when a restriction requirement can be made?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 9 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. According to MPEP 811 , which cites 37 CFR 1.142(a) , a restriction requirement can be made at any time before final action. The MPEP states: “37 CFR 1.142(a), second sentence, indicates that a restriction requirement ‘will normally be made before any action upon the merits; however, it may be made at any time before final action.'” This means that while early restriction is preferred, examiners have the flexibility to make a restriction requirement up until the point of final action in the patent prosecution process. Related Rules from the Manual of Patent Examining Procedure 9 rules Collapse 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 Form Paragraphs for Restriction Requirement MPEP 1504.05 Permitted Restriction Requirement for Interfering Claims MPEP 2303 Permitted Restriction Requirement When Unpatentable Claims Delay Interference MPEP 2303 Permitted Time Limit for Addressing Restriction Requirement MPEP 710.02(c) Permitted Final Restriction Requirement Must Be Signed by Examiner with Full Signatory Authority MPEP 803.01 Restriction Requirement for Species Election and Restriction Practice MPEP 803.03 Other Related FAQs 5 FAQs Collapse What conditions allow for a restriction requirement to be repeated? What are the consequences of a late restriction requirement in patent examination? What is the significance of Ex parte Benke in relation to restriction requirements? What factors must an examiner consider before making a late restriction requirement? What is the legal basis for issuing multiple restriction requirements during patent...