What is the meaning of “independent” and “distinct” in patent law?
In patent law, “independent” and “distinct” have specific meanings when referring to inventions:
- Independent: This term means inventions are unrelated or not dependent on each other. According to MPEP 802.01, “‘Independent’, of course, means not dependent, or unrelated.”
- Distinct: This term is used to describe inventions that, while potentially related, are separate and can be patented independently. The MPEP states, “Related inventions are distinct if the inventions as claimed are not connected in at least one of design, operation, or effect…and wherein at least one invention is PATENTABLE (novel and nonobvious) OVER THE OTHER.”
It’s important to note that inventions can be related but still distinct for the purposes of patent law and examination.
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