What is the distinction between process and apparatus inventions?
Process and apparatus inventions can be shown to be distinct if either:
- The process as claimed can be practiced by another materially different apparatus or by hand, or
- The apparatus as claimed can be used to practice another materially different process.
As stated in MPEP § 806.05(e): “Process and apparatus for its practice can be shown to be distinct inventions, if either or both of the following can be shown: (A) that the process as claimed can be practiced by another materially different apparatus or by hand; or (B) that the apparatus as claimed can be used to practice another materially different process.”
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