What is the legal basis for restriction requirements in patent applications?

Restriction requirements in patent applications are based on 35 U.S.C. 121. As mentioned in MPEP 803.01:

“Since requirements for restriction under 35 U.S.C. 121 are discretionary with the Director, it becomes very important that the practice under this section be carefully administered.”

This statutory provision gives the USPTO discretion in applying restriction requirements, which must be exercised judiciously to protect both applicant and public interests.

To learn more:

• restriction requirements
• 35 U.S.C. 121
• legal basis
• patent examination