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

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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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Final Restriction Requirement Must Be Signed by Examiner with Full Signatory Authority MPEP 803.01 Obviousness Admission Requires No Restriction MPEP 803 Required Requirement for Showing Serious Search Burden MPEP 803 Permitted Requirement for Showing Non-Prior Art Issues for Separate Inventions MPEP 803 Permitted Requirement for Prima Facie Showing of Serious Search/Examination Burden MPEP 803 Permitted Criteria for Restricting Markush Claims MPEP 803 Restriction Practice for Genus-Species Claims MPEP 803 Claims Must Support Separate Patents and Be Independent or Distinct MPEP 803 Required Merits Examination Required Without Serious Burden MPEP 803 Required Proper Restriction Criteria for Distinct Inventions MPEP 803 Required Other Related FAQs 5 FAQs Collapse Can examiners with partial signatory authority issue restriction requirements? What is the purpose of carefully administering restriction requirements? How does the USPTO protect applicants from improper restriction requirements? Who can sign final Office actions containing a final requirement for restriction? No Additional FAQs