37 CFR 1.144 — Petition from requirement for restriction
Ninth Edition, Revision 01.2024
After a final requirement for restriction, the applicant, in addition to making any reply due on the remainder of the action, may petition the Director to review the requirement. Petition may be deferred until after final action on or allowance of claims to the invention elected, but must be filed not later than appeal. A petition will not be considered if reconsideration of the requirement was not requested (see § 1.181 ).
[Revised, 62 FR 53132, Oct. 10, 1997, effective Dec. 1, 1997; revised, 68 FR 14332, Mar. 25, 2003, effective May 1, 2003]
Cited authority
Cited by
- 1002.02(c) Petitions and Requests Decided by the Technology Center Directors
- 1201 Introduction
- 1504.05 Restriction
- 1893.03(d) Unity of Invention
- 2920.05(b) One Independent and Distinct Design
- 710.02(c) Specified Time Limits: Situations in Which Used
- 803.02 Election of Species Requirements – Markush Claims
- 809.02(a) Election of Species Required
- 812.01 Telephone Restriction Practice
- 817 Outline of Letter for Restriction Requirement
- 818.01(d) Traverse of Restriction Requirement With Linking Claims
- 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(a) Rejoinder Between Product Inventions; Rejoinder Between Process Inventions
- 37 CFR 1.145 Subsequent presentation of claims for different invention
- 37 CFR 1.499 Unity of invention during the national stage