What is the statutory basis for restriction practice in patent applications?
The statutory basis for restriction practice in patent applications is found in 35 U.S.C. 121. This statute states:
“If two or more independent and distinct inventions are claimed in one application, the Director may require the application to be restricted to one of the inventions.”
This provision gives the USPTO the authority to require applicants to limit their application to a single invention when multiple inventions are claimed. The purpose is to maintain the efficiency of the patent examination process and ensure that each invention receives a thorough and focused review.
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