When should a restriction requirement be made final in a patent application?

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 timing of making a restriction requirement final in a patent application is addressed in MPEP 810, which states:

“The restriction requirement should be made final as soon as reasonably possible. If the election is made with traverse, it is proper to make the restriction requirement final after consideration of the reasons for traversal.”

This guidance suggests that:

• Examiners should aim to make the restriction requirement final in a timely manner
• If the applicant elects with traverse (i.e., argues against the restriction), the examiner should consider the applicant’s arguments
• After considering the traversal arguments, the examiner can then make the restriction requirement final

For more details on handling elections with traverse, refer to MPEP § 821.01.