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Patent Laws, Regulations, Policies & Procedures
Manual of Patent Examining Procedure
Chapter 0800
Section 816
816 [Reserved]
[top]
801-Introduction
802-Basis for Restriction Practice in Statute and Rules
802.01-Meaning of “Independent” and “Distinct”
802.02-Definition of Restriction
803-Restriction — When Proper
803.01-Review by Examiner with at Least Partial Signatory Authority
803.02-Election of Species Requirements – Markush Claims
803.03-Transitional Applications
803.03(a)-Transitional Application — Linking Claim Allowable
803.03(b)-Transitional Application — Generic Claim Allowable
803.04-Nucleotide Sequences
803.05-Reissue Application Practice
804-Definition of Double Patenting
804.01-Prohibition of Nonstatutory Double Patenting Rejections Under 35 U.S.C. 121
804.02-Avoiding a Double Patenting Rejection
804.03-Commonly Owned Inventions of Different Inventive Entities; Non-Commonly Owned Inventions Subject to a Joint Research Agreement
804.04-Submission to Technology Center Director
804.05-Impact of Patent Term Extension under 35 U.S.C. 156 on Nonstatutory Double Patenting
805-Effect of Improper Joinder in Patent
806-Determination of Distinctness or Independence of Claimed Inventions
806.01-Compare Claimed Subject Matter
806.02-[Reserved]
806.03-Single Embodiment, Claims Defining Same Essential Features
806.04-Genus and/or Species Inventions
806.04(a)-[Reserved]
806.04(b)-Species May Be Independent or Related Inventions
806.04(c)-[Reserved]
806.04(d)-Definition of a Generic Claim
806.04(e)-Claims Limited to Species
806.04(f)-Restriction Between Mutually Exclusive Species
806.04(g)-[Reserved]
806.04(h)-Species Must Be Patentably Distinct From Each Other
806.04(i)-Generic Claims Presented In a Separate Application After Issuance of Species Claims
806.05-Related Inventions
806.05(a)-Combination and Subcombination
806.05(b)-[Reserved]
806.05(c)-Criteria of Distinctness Between Combination and Subcombination
806.05(d)-Subcombinations Usable Together
806.05(e)-Process and Apparatus for Its Practice
806.05(f)-Process of Making and Product Made
806.05(g)-Apparatus and Product Made
806.05(h)-Product and Process of Using
806.05(i)-Product, Process of Making, and Process of Using
806.05(j)-Related Products; Related Processes
806.06-Independent Inventions
807-Patentability Report Practice Has No Effect on Restriction Practice
808-Reasons for Insisting Upon Restriction
808.01-Reasons for Holding of Independence or Distinctness
808.01(a)-Species
808.02-Establishing Burden
809-Linking Claims
809.01-[Reserved]
809.02-Election of Species Required
809.02(a)-Election of Species Required
809.03-Restriction Between Linked Inventions
810-Action on the Merits
811-Time for Making Requirement
811.01-[Reserved]
811.02-New Requirement After Compliance With Preceding Requirement
811.03-Repeating After Withdrawal Proper
811.04-Proper Even Though Grouped Together in Parent Application
812-Who Should Make the Requirement
812.01-Telephone Restriction Practice
813-[Reserved]
814-Indicate Exactly How Application Is To Be Restricted
815-Make Requirement Complete
816-[Reserved]
817-Outline of Letter for Restriction Requirement
818-Election and Reply
818.01-Election in Reply to a Restriction Requirement: Express
818.01(a)-Reply Must be Complete
818.01(b)-Election is Required, Even When Requirement Is Traversed
818.01(c)-Traverse is Required To Preserve Right of Petition
818.01(d)-Traverse of Restriction Requirement With Linking Claims
818.02-Election Other Than Express
818.02(a)-Election By Originally Presented Claims
818.02(b)-Generic Claims Only — No Election of Species; Linking Claims Only – No Election of Invention
818.02(c)-Election By Optional Cancelation of Claims
818.02(d)-Election By Cancelation of Claims, Lacking Express Election Statement
819-Office Generally Does Not Permit Shift
820-[Reserved]
821-Treatment of Claims Held To Be Drawn to Nonelected Inventions
821.01-After Election With Traverse
821.02-After Election Without Traverse
821.03-Claims for Different Invention Added After an Office Action
821.04-Rejoinder
821.04(a)-Rejoinder Between Product Inventions; Rejoinder Between Process Inventions
821.04(b)-Rejoinder of Process Requiring an Allowable Product
822-Claims to Inventions That Are Not Patentably Distinct in Plural Applications of Same Applicant or Assignee
823-Unity of Invention Under the Patent Cooperation Treaty
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Last Modified: 02/16/2023 12:58:30