When should a restriction requirement be made in patent examination?

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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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Restriction Requirement Should Be Made Early MPEP 811 Recommended Examiner Must Consider Search Burden Before Restricting Claims MPEP 811 Required Invention Restriction Requirement MPEP 802.01 Prohibited Examiner Should Suggest Divisional Design Reissue Application MPEP 1457 Recommended Form Paragraphs for Restriction Requirement MPEP 1504.05 Permitted Restriction Requirement for Interfering Claims MPEP 2303 Permitted Restriction Requirement When Unpatentable Claims Delay Interference MPEP 2303 Permitted Examiner Should Not Inquire About Inventors Until Necessary MPEP 602.09 Recommended Time Limit for Addressing Restriction Requirement MPEP 710.02(c) Permitted Final Restriction Requirement Must Be Signed by Examiner with Full Signatory Authority MPEP 803.01 Other Related FAQs 5 FAQs Collapse What conditions allow for a restriction requirement to be repeated? What are the consequences of a late restriction requirement in patent examination? What is the significance of Ex parte Benke in relation to restriction requirements? What factors must an examiner consider before making a late restriction requirement? What is the latest point in p...