When should an examiner make a restriction requirement in a patent application?
An examiner should make a restriction requirement in a patent application as early as possible in the prosecution process. According to MPEP 811:
“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 restriction is clearly indicated.”
This early action helps to avoid unnecessary work and expedite the examination process. However, the examiner may make a restriction requirement at any time before final action, even if it’s not in the first Office action.
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