MPEP Chapter 800 — Restriction

Chapter 800 of the USPTO Manual of Patent Examining Procedure covers restriction. It runs to 23 file-level sections and 67 subsections, of which 20 carry substantive text and 3 are marked [Reserved]. 19 of its sections are annotated as structured data, exposing 47 statutes and regulations and 79 cited decisions.

Sections in this chapter

§ 801Introduction
§ 802Basis for Restriction Practice in Statute and Rules
- § 802.01Meaning of “Independent” and “Distinct”
- § 802.02Definition of Restriction
§ 803Restriction — When Proper
- § 803.01Review by Examiner with at Least Partial Signatory Authority
- § 803.02Election of Species Requirements – Markush Claims
- § 803.03Transitional Applications
- § 803.03(a)Transitional Application — Linking Claim Allowable
- § 803.03(b)Transitional Application — Generic Claim Allowable
- § 803.04Nucleotide Sequences
- § 803.05Reissue Application Practice
§ 804Definition of Double Patenting
- § 804.01Prohibition of Nonstatutory Double Patenting Rejections Under 35 U.S.C. 121
- § 804.02Avoiding a Double Patenting Rejection
- § 804.03Commonly Owned Inventions of Different Inventive Entities; Non-Commonly Owned Inventions Subject to a Joint Research Agreement
- § 804.04Submission to Technology Center Director
- § 804.05Impact of Patent Term Extension under 35 U.S.C. 156 on Nonstatutory Double Patenting
§ 805Effect of Improper Joinder in Patent
§ 806Determination of Distinctness or Independence of Claimed Inventions
- § 806.01Compare Claimed Subject Matter
- § 806.02[Reserved]
- § 806.03Single Embodiment, Claims Defining Same Essential Features
- § 806.04Genus 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
- § 806.05Related 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
- § 806.06Independent Inventions
§ 807Patentability Report Practice Has No Effect on Restriction Practice
§ 808Reasons for Insisting Upon Restriction
- § 808.01Reasons for Holding of Independence or Distinctness
- § 808.01(a)Species
- § 808.02Establishing Burden
§ 809Linking Claims
- § 809.01[Reserved]
- § 809.02Election of Species Required
- § 809.02(a)Election of Species Required
- § 809.03Restriction Between Linked Inventions
§ 810Action on the Merits
§ 811Time for Making Requirement
- § 811.01[Reserved]
- § 811.02New Requirement After Compliance With Preceding Requirement
- § 811.03Repeating After Withdrawal Proper
- § 811.04Proper Even Though Grouped Together in Parent Application
§ 812Who Should Make the Requirement
- § 812.01Telephone Restriction Practice
§ 813[Reserved]
§ 814Indicate Exactly How Application Is To Be Restricted
§ 815Make Requirement Complete
§ 816[Reserved]
§ 817Outline of Letter for Restriction Requirement
§ 818Election and Reply
- § 818.01Election 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
- § 818.02Election 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
§ 819Office Generally Does Not Permit Shift
§ 820[Reserved]
§ 821Treatment of Claims Held To Be Drawn to Nonelected Inventions
- § 821.01After Election With Traverse
- § 821.02After Election Without Traverse
- § 821.03Claims for Different Invention Added After an Office Action
- § 821.04Rejoinder
- § 821.04(a)Rejoinder Between Product Inventions; Rejoinder Between Process Inventions
- § 821.04(b)Rejoinder of Process Requiring an Allowable Product
§ 822Claims to Inventions That Are Not Patentably Distinct in Plural Applications of Same Applicant or Assignee
§ 823Unity of Invention Under the Patent Cooperation Treaty