Restrictions
If two or more inventions are claimed in a single application, and are regarded by the Office to be of such a nature (e.g. independent and distinct) that a single patent should not be issued for both of them, the applicant will be required to limit the application to one of the inventions. This is referred to as an “election.”
The other invention may be made the subject of a separate or “divisional” application which, if filed while the first application is still pending, will be entitled to the benefit of the filing date of the first application.
A requirement to restrict the application to one invention may be made before further action by the examiner. The decision whether to file a divisional application often is deferred until after the examiner has ruled on the patentability of the claims in the first application.
Beem Patent Law Firm is experienced in responding to restriction requirements. Should you engage the Firm to represent you in connection with your patent application, in the event that a restriction requirement is imposed by an examiner, the Firm will provide you with recommendations on how to respond, which may include an “election,” and the Firm will prepare and file the written response. Please contact the Firm for information on representation available to you for your patent matter.
Some of the information provided herein was obtained from the United States Patent and Trademark website, www.uspto.gov. For further information, see the Patent Office inventor resources at http://www.uspto.gov/web/offices/com/iip/index.htm.
