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When is it NOT Appropriate to Restrict

2. 35 U.S.C. 121 Divisional applications. . If two or more independent and distinct inventions are claimed in one application, the Director may require the application to be restricted to one of the inventions. If the other invention is made the subject of a divisional application which compli

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When is it NOT Appropriate to Restrict

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    1. 1 When is it NOT Appropriate to Restrict? Julie Burke TC1600 QAS 571-272-0512 julie.burke@uspto.gov

    2. 2 35 U.S.C. 121 Divisional applications. If two or more independent and distinct inventions are claimed in one application, the Director may require the application to be restricted to one of the inventions. If the other invention is made the subject of a divisional application which complies with the requirements of section 120 of this title it shall be entitled to the benefit of the filing date of the original application. Emphasis added

    3. 3 � 1.141 Different inventions in one national application (a) Two or more independent and distinct inventions may not be claimed in one national application, except that more than one species of an invention, not to exceed a reasonable number, may be specifically claimed in different claims in one national application, provided the application also includes an allowable claim generic to all the claimed species and all the claims to species in excess of one are written in dependent form (� 1.75) or otherwise include all the limitations of the generic claim.

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