When does the USPTO withdraw a restriction requirement?

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 USPTO withdraws a restriction requirement when certain conditions are met during the examination process. According to MPEP 821.04(a):

“Where restriction was required between independent or distinct products, or between independent or distinct processes, and all claims directed to an elected invention are allowable, the examiner should withdraw any restriction requirement between the elected invention and any nonelected invention that depends from or otherwise requires all the limitations of an allowable claim.”

This means that when a generic claim, linking claim, or subcombination claim becomes allowable, the restriction requirement is withdrawn for any previously withdrawn claims that depend on or require all the limitations of the allowable claim.