What is the legal basis for issuing multiple restriction requirements during patent prosecution?

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 legal basis for issuing multiple restriction requirements during patent prosecution is found in 37 CFR 1.142(a). According to MPEP 811.02:

“Since 37 CFR 1.142(a) provides that restriction is proper at any stage of prosecution up to final action, a second requirement may be made when it becomes proper, even though there was a prior requirement with which applicant complied.”

This regulation gives patent examiners the authority to issue restriction requirements at any point during the prosecution process before a final action is made. This flexibility allows examiners to address new issues or complexities that may arise as the examination progresses.