MPEP 800

Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting

Quick Statistics:

Number of Pages:  107 pgs
Sections:  801 – 823

Brief Summary:

A restriction may occur when a single application claims two or more independent and distinct inventions within it. The PTO requires applicants to “restrict” their application to only one invention.

In instances where more than one invention is found in a single application, the applicant may incorporate the extra subject matter into one or more divisional applications which will receive the same filing date as the original application.

Chapter 800 outlines the requirements for a restriction including independence (when the subjects in question are not connected in design, operation or effect) distinctness (when there is a relationship between the subjects in question, but they are capable of separate manufacture and are patentable over one another), and many obscure details concerning the topics of restriction and double patenting.

Key Terms:

Distinct InventionsDivisional ApplicationsDouble Patenting
Independent InventionsElected SpeciesRestriction

37 CFR (Code of Federal Regulations):

37 CFR 1.78Claiming benefit of earlier filing date and cross-references to other applications.
37 CFR 1.142Requirement for restriction.

35 USC (United States Code):

35 USC 121Divisional Applications.
35 USC 102Conditions for patentability; novelty.

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