What is the role of distinctness in restriction requirements involving product and process claims?

Distinctness plays a crucial role in determining whether a restriction requirement can be made between product and process claims. According to MPEP 806.05(i):

“If the examiner cannot make a showing of distinctness between the process of using and the product (MPEP § 806.05(h)), restriction cannot be required.”

This means that for a restriction to be proper, the examiner must be able to demonstrate that the process of using is distinct from the product. If such distinctness cannot be established, the examiner cannot require the applicant to choose between the product and the process of using it.

The concept of distinctness is further elaborated in MPEP § 806.05(h), which provides specific criteria for determining when a product and a process of using that product are distinct inventions.

To learn more:

• distinctness
• restriction requirement
• product claims
• process claims
• patent examination