RESTRICTIONS REQUIREMENTS: I’VE FILED MY APPLICATION, WHY CAN’T THEY TELL ME IF IT’S PATENTABLE?

The first communication a patent applicant may receive from the USPTO patent examiner is that the applicant must choose among different claims of the application in order to proceed with examination. This is a Restriction Requirement. Typically, a patent application is filed with 3 independent claims and a total of 20 independent and dependent claims….

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RESTRICTION PRACTICE III

RESTRICTION PRACTICE III MPEP §806.5 pertains to combinations of embodiments such as an apparatus and method of utilizing the apparatus. Alternatively, it may pertain to a process and a method for practicing the process. The section also pertains to combinations and sub-combinations. (This arcane subject matter. I have borrowed heavily from the text of the…

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