What is a Restriction Requirement?

As a rule, there can be only one invention per one patent application. If an Examiner finds that the claims in a single application point to multiple inventions, he will issue a Restriction Requirement, asking you to choose one of the multiple inventions found for the current application. Though it is usually issued in the first office action, a Restriction Requirement can be issued at any time during the application process, up until a final office action. The Examiner must demonstrate in the issued Restriction Requirement that the multiple inventions found are independent and distinct from each other, and that there will be a “serious burden” on him if restriction between inventions is not required.

In response to the Restriction Requirement, you must choose or “elect” a single invention for the application out of the multiple inventions found, along with the claims that pertain to the elected invention. You also have the option to traverse and request reconsideration of the restriction. However, even if you wish to request a traverse, you must still elect an invention in your response to the Restriction Requirement. The claims of the nonelected inventions which were not canceled in your response, are automatically withdrawn and not considered by the Examiner. If you would like to pursue a patent for the nonelected inventions and their corresponding claims, you can file a divisional or continuation patent application, which would have the earlier filing date of the originally elected invention.