Why is it important to make a complete restriction requirement in patent examination?

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.

Making a complete restriction requirement is crucial in patent examination for several reasons:

• It ensures clarity for the applicant regarding the scope of examination
• It helps streamline the examination process by properly defining distinct inventions
• It allows for a more focused and efficient examination of each invention
• It reduces the likelihood of confusion or disputes later in the examination process

MPEP 815 emphasizes this importance by stating, “When making a restriction requirement, every effort should be made to have the requirement be complete.” A complete requirement helps both the examiner and the applicant understand the boundaries of the examination and make informed decisions about how to proceed with the application.