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USPTO MPEP › Chapter 0800 - Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting › MPEP § 803.01

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

Text

Since requirements for restriction under

35 U.S.C. 121

are

discretionary with the Director, it becomes very important that the practice under this

section be carefully administered. Notwithstanding the fact that this section of the

statute apparently protects the applicant against the dangers that previously might have

resulted from compliance with an improper requirement for restriction, IT STILL REMAINS

IMPORTANT FROM THE STANDPOINT OF THE PUBLIC INTEREST THAT NO REQUIREMENT BE MADE WHICH

MIGHT RESULT IN THE ISSUANCE OF TWO PATENTS FOR THE SAME INVENTION. See

MPEP §

804.01

. Therefore, to guard against this possibility, only an

examiner with permanent

full

signatory authority or temporary

full

signatory authority may sign final Office actions

containing a final requirement for restriction. An examiner with permanent

partial

signatory authority or temporary

partial

signatory authority may sign non-final Office actions

containing a final requirement for restriction.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.