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Expert Analysis

An Overlooked Tool To Fight USPTO 'Restriction'

By George Chaclas and Emily Ferriter Russo (April 11, 2023, 5:37 PM EDT) -- Earlier this year, our petition at the U.S. Patent and Trademark Office to overcome a restriction under the "one invention per application" rule was granted, instructing the pending final office action be withdrawn. The application was returned to the examiner for consideration of a restricted group. To be sure, practitioners underutilize petition as a means to overcome a restriction requirement....

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