Below, Advantek Marketing, Inc. v. Shanghai Walk-Long Tools Co., LTD (Fed. Cir. August 1, 2018) is discussed in terms of whether the scope of design patent protection is affected when electing a species in response to a restriction requirement. However, the context of the parties and how the litigation arose provides insights on how U.S. companies might better protect … [Read more...]
A restriction requirement is made by the examiner when the patent examiner recognizes that the claims are directed to two or more inventions since each application for patent is examined only for one invention.
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A restriction requirement is an assertion by the examiner that the claims of a patent application are directed to two or more independent and distinct inventions. See MPEP Section 803 for more information.A common restriction requirement is between claims for an apparatus and those claiming a method of using the apparatus. The examiner will suggest a group of claims that … [Read more...]
I. Basics of a restriction requirement In a restriction requirement, an examiner on your case is (1) indicating that the claim set has claims that are directed to different inventions and (2) requiring you to choose one of the inventions for examination. The choice is generally simple in that you select the commercial embodiment of the invention or the most likely … [Read more...]