MPEP 803: Restriction Requirements

Answer in brief

MPEP 803 sets two criteria for a proper restriction requirement: the inventions must be independent or distinct as claimed, and examining them together would be a serious search or examination burden.

What MPEP 803 covers

Restriction lets the examiner require the applicant to elect one invention per application.

Independent or distinct inventions, as defined in 802.01 and 806.05.
Serious burden, shown by separate classification, status or search fields.
Election of species for Markush claims (803.02).
Nonelected inventions can be pursued in divisional applications, which are protected from double patenting by 35 U.S.C. 121.

How examiners use it

The applicant must elect, with or without traverse. Electing with traverse preserves the right to petition.

On the patent bar

Know the two criteria, election with and without traverse, and the § 121 safe harbor.

Read the full text

Official title: Restriction — When Proper [R-07.2022].

Read MPEP 803 in full on Wysebridge ↗

Or at the source: USPTO MPEP § 803.

Sources for this entry

USPTO — MPEP § 803 USPTO
Official text of this section, Ninth Edition, Revision 01.2024.
Wysebridge MPEP Center Wysebridge (publisher of this site)
The full MPEP (9th Ed., Rev. 01.2024) free to read, with Wysebridge's estimated patent bar weight for each chapter.

Practical guidance is original editorial content. Company-published figures are the company's own claims and are labeled as such.

Continue this reading path

MPEP 821.04: Rejoinder MPEP 804: Double Patenting MPEP 2117: Markush Claims

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Cite or share this entry

MPEP.net. “MPEP 803: Restriction Requirements.” Wysebridge Reference. Content reviewed 9 November 2026.
https://mpep.net/mpep-803/