What are examples of related but distinct inventions in patent applications?
According to MPEP 802.01, related but distinct inventions are those that are connected in some way but can still be considered separate for patent purposes. The MPEP provides several examples:
- Combination and subcombination
- Process and apparatus used in the practice of the process
- Composition and the process in which the composition is used
- Process and the product made by such process
The MPEP states: “Related inventions are distinct if the inventions as claimed are not connected in at least one of design, operation, or effect (e.g., can be made by, or used in, a materially different process) and wherein at least one invention is PATENTABLE (novel and nonobvious) OVER THE OTHER.”
It’s important to note that these related inventions may be subject to a restriction requirement if they are deemed distinct, even though they are related. For more detailed information on specific types of related inventions, refer to MPEP 806.05(c) for combinations and subcombinations, and MPEP 806.05(j) for related products or related processes.
To learn more: