MPEP Chapter 800 Index

Executive summary:

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Chapter 800: Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting

800 Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting
801 Introduction
802 Basis for Practice in Statute and Rules

802.01 Meaning of "Independent" and "Distinct"
802.02 Definition of Restriction

803 Restriction - When Proper

803.01 Review by Examiner with at Least Partial Signatory Authority
803.02 Markush Claims
803.03 Transitional Applications

803.03(a) Transitional Application - Linking Claim Allowable
803.03(b) Transitional Application - Generic Claim Allowable
803.04 Nucleotide Sequences

804 Definition of Double Patenting

804.01 Prohibition of 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

805 Effect of Improper Joinder in Patent
806 Determination of Distinctness or Independence of Claimed Inventions

806.01 Compare Claimed Subject Matter
806.03 Single Embodiment, Claims Defining Same Essential Features
806.04 Genus and/or Species Inventions

806.04(b) Species May Be Independent or Related Inventions
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(h) Species Must Be Patentably Distinct From Each Other
806.04(i) Generic Claims Presented After Issue of Species
806.05 Related Inventions

806.05(a) Combination and Subcombination
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
806.06 Independent Inventions

807 Patentability Report Practice Has No Effect on Restriction Practice
808 Reasons for Insisting Upon Restriction

808.01 Reasons for Holding of Independence or Distinctness

808.01(a) Species
808.02 Establishing Burden

809 Linking Claims

809.02(a) Election of Species Required
809.03 Restriction Between Linked Inventions

810 Action on the Merits
811 Time for Making Requirement

811.02 New Requirement After Compliance With Preceding Requirement
811.03 Repeating After Withdrawal Proper
811.04 Proper Even Though Grouped Together in Parent Application

812 Who Should Make the Requirement

812.01 Telephone Restriction Practice

814 Indicate Exactly How Application Is To Be Restricted
815 Make Requirement Complete
817 Outline of Letter for Restriction Requirement
818 Election and Reply

818.01 Election Fixed by Action on Claims
818.02 Election Other Than Express

818.02(a) By Originally Presented Claims
818.02(b) Generic Claims Only - No Election of Species
818.02(c) By Optional Cancellation of Claims
818.03 Express Election and Traverse

818.03(a) Reply Must Be Complete
818.03(b) Must Elect, Even When Re-quirement Is Traversed
818.03(c) Must Traverse To Preserve Right of Petition
818.03(d) Traverse of Restriction Requirement With Linking Claims

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 Rejoinder

821.04(a) Rejoinder Between Product Inventions; Rejoinder Between Process Inventions
821.04(b) Rejoinder of Process Requiring an Allowable Product

822 Claims to Inventions That Are Not Distinct in Plural Applications of Same Inventive Entity

822.01 Copending Before the Examiner

823 Unity of Invention Under the Patent Cooperation Treaty