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 Inventions | Divisional Applications | Double Patenting |
| Independent Inventions | Elected Species | Restriction |
37 CFR (Code of Federal Regulations):
| 37 CFR 1.78 | Claiming benefit of earlier filing date and cross-references to other applications. |
| 37 CFR 1.142 | Requirement for restriction. |
35 USC (United States Code):
| 35 USC 121 | Divisional Applications. |
| 35 USC 102 | Conditions for patentability; novelty. |