37 CFR 1.142 — Requirement for restriction
Ninth Edition, Revision 01.2024
- (a) If two or more independent and distinct inventions are claimed in a single application, the examiner in an Office action will require the applicant in the reply to that action to elect an invention to which the claims will be restricted, this official action being called a requirement for restriction (also known as a requirement for division). Such requirement will normally be made before any action on the merits; however, it may be made at any time before final action.
- (b) Claims to the invention or inventions not elected, if not canceled, are nevertheless withdrawn from further consideration by the examiner by the election, subject however to reinstatement in the event the requirement for restriction is withdrawn or overruled.
[Para (a) revised, 62 FR 53132, Oct. 10, 1997, effective Dec. 1, 1997; para. (a) revised and (c) added, 72 FR 46716, Aug. 21, 2007 (implementation enjoined and never became effective); para. (a) revised and (c) removed, 74 FR 52686, Oct. 14, 2009, effective Oct. 14, 2009 (to remove changes made by the final rules in 72 FR 46716 from the CFR)]
Cited by
- 1504.05 Restriction
- 1893.03(d) Unity of Invention
- 609.04(b) Timing Requirements for an Information Disclosure Statement
- 707.07(i) Each Claim To Be Mentioned in Each Office Action
- 803.03 Transitional Applications
- 811 Time for Making Requirement
- 811.02 New Requirement After Compliance With Preceding Requirement
- 812.01 Telephone Restriction Practice
- 818.01 Election in Reply to a Restriction Requirement: Express
- 819 Office Generally Does Not Permit Shift
- 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(b) Rejoinder of Process Requiring an Allowable Product
- 37 CFR 1.129 Transitional procedures for limited examination after final rejection and restriction practice