When is a Restriction Requirement typically issued by an examiner?

A Restriction Requirement is typically issued by an examiner when there are multiple species claimed within a patent application. When an application includes claims that are directed to more than one species or variety of an invention, the examiner is tasked with determining whether those claims can be examined together or if they need to be restricted to a single species.

The rationale behind this is that each species may require a different legal treatment or could potentially be a separate invention, making it inappropriate to examine them in a single proceeding. The restriction requirement allows the applicant to choose which claims they would like to pursue in the examination phase, promoting clarity and efficiency in the patent examination process.

This aligns with the role of independent claims as well, as having multiple independent claims may also trigger the need for restriction. However, it is the presence of multiple species within those claims that primarily justifies the issuance of the restriction requirement.