Introduction

This chapter is limited to a discussion of the subjects of restriction and

double patenting under Title 35 of the United States Code and Title 37 of the Code of

Federal Regulations as it relates to national applications filed under

35 U.S.C. 111(a)

. The

discussion of unity of invention under the Patent Cooperation Treaty Articles and Rules as

it is applied as an International Searching Authority, International Preliminary Examining

Authority, and in applications entering the National Stage under

35 U.S.C. 371

as a

Designated or Elected Office in the U.S. Patent and Trademark Office is covered in

MPEP Chapter

1800

.

See

MPEP § 823

for a summary of the guidance

set forth in this chapter with regard to other substantive and procedural matters that

generally apply to national stage applications submitted under

35 U.S.C. 371

.

The general principles set forth in this chapter apply to

design applications, except as identified in

MPEP § 1504.05

and

§ 1504.06

. The general

principles set forth in this chapter apply to reissue applications, however see

MPEP §

803.05

and

§ 1450

for a discussion of the

prerequisites to making a restriction requirement in reissue applications. With regard to

reexamination proceedings, restriction is not permitted. Basic principles of double

patenting apply to reexamination proceedings, as explained in this chapter and in

MPEP Chapters

2200

and

2600

(see especially

MPEP § 2258

).

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