Who is responsible for making a restriction requirement in patent applications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 4 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. The primary responsibility for making a restriction requirement in patent applications lies with the assigned examiner. According to MPEP 812 , “The examiner to which the application has been assigned will make the restriction requirement, unless the classification is not reasonably correct and complete.” This means that the examiner who is initially assigned to review the application is typically the one who determines if a restriction requirement is necessary. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Newly Assigned Examiner Makes Restriction Requirement MPEP 812 Examiner Must Make Restriction Requirement MPEP 812 Examiner Can Challenge C* Classification MPEP 812 C* Classification Challenge Requires Reassignment MPEP 812 Permitted Invention Restriction Requirement MPEP 802.01 Prohibited 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 Time Limit for Addressing Restriction Requirement MPEP 710.02(c) Permitted Requirement for Patent Applications Filed After September 16, 2012 MPEP 802 Other Related FAQs 4 FAQs Collapse Are there exceptions to comprehensive patent examination? What happens if a patent application&#8217;s classification is incorrect? Can a patent application be reassigned to a different examiner? How does a telephone restriction requirement differ from a written restriction requirement in patent applications?