When should a restriction requirement be made in patent examination?
According to MPEP 811, a restriction requirement should be made as early as possible in the prosecution process, ideally in the first action. The MPEP states:
“This means the examiner should make a proper requirement as early as possible in the prosecution, in the first action if possible, otherwise, as soon as the need for a proper requirement develops.”
However, it’s important to note that while early action is preferred, the requirement can be made at any time before final action.
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