How are related product inventions considered distinct for restriction purposes?

Related product inventions are considered distinct for restriction purposes if they meet the following criteria:

1. The inventions as claimed do not overlap in scope (i.e., are mutually exclusive)
2. The inventions as claimed are not obvious variants
3. The inventions as claimed are either not capable of use together or can have a materially different design, mode of operation, function, or effect

As stated in MPEP 806.05(j): For other related product inventions, or related process inventions, the inventions are distinct if (A) the inventions as claimed do not overlap in scope, i.e., are mutually exclusive; (B) the inventions as claimed are not obvious variants; and (C) the inventions as claimed are either not capable of use together or can have a materially different design, mode of operation, function, or effect.

It’s important to note that both two-way distinctness and reasons for insisting on restriction (such as separate classification, status in the art, or field of search) are necessary to support a restriction requirement between related product inventions.

To learn more:

• related products
• distinctness
• restriction requirement
• patent examination
• mutually exclusive inventions