Chapter 800 — Restriction in Applications Filed Under 35 U.S.C. 121; Double Patenting
Ninth Edition, Revision 01.2024
Contents
- 801 Introduction
- 802 Basis for Restriction Practice in Statute and Rules
- 803 Restriction — When Proper
- 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
- 807 Patentability Report Practice Has No Effect on Restriction Practice
- 808 Reasons for Insisting Upon Restriction
- 809 Linking Claims
- 810 Action on the Merits
- 811 Time for Making Requirement
- 812 Who Should Make the Requirement
- 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
- 819 Office Generally Does Not Permit Shift
- 820 [Reserved]
- 821 Treatment of Claims Held To Be Drawn to Nonelected Inventions
- 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