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35 U.S.C. 2(b)(2), unless otherwise noted.
24 FR 10332, Dec. 22, 1959, unless otherwise noted.
Secs. 1.141 to 1.147 also issued under 35 U.S.C. 121.
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1. In Patent and Trademark Office publications and usage the part number is omitted from the numbers of §§ 1.1 to 1.352 and the numbers to the right of the decimal point correspond with the respective rule numbers.
2. For nomenclature changes to part 1, see 68 FR 14335, Mar. 25, 2003; 87 FR 68904, Nov. 17, 2022.
(a) If two or more independent and distinct inventions are claimed in a single application, the examiner in an Office action will require the applicant in the reply to that action to elect an invention to which the claims will be restricted, this official action being called a requirement for restriction (also known as a requirement for division). Such requirement will normally be made before any action on the merits; however, it may be made at any time before final action.
(b) Claims to the invention or inventions not elected, if not canceled, are nevertheless withdrawn from further consideration by the examiner by the election, subject however to reinstatement in the event the requirement for restriction is withdrawn or overruled.
[24 FR 10332, Dec. 22, 1959, as amended at 62 FR 53195, Oct. 10, 1997; 72 FR 46842, Aug. 21, 2007; 74 FR 52691, Oct. 14, 2009]
Part 2 is placed in the separate grouping of parts pertaining to trademarks regulations.
Part 6 is placed in the separate grouping of parts pertaining to trademarks regulations.
Part 7 is placed in the separate grouping of parts pertaining to trademarks regulations.
Part 1 is placed in the separate grouping of parts pertaining to patents regulations.
Part 3 pertaining to both patents and trademarks is placed in the grouping pertaining to patents regulations.
Part 4 is placed in the separate grouping of parts pertaining to patents regulations.
Part 5 is placed in the separate grouping of parts pertaining to patents regulations.