Can a restriction requirement be made between a product and its method of use if there’s only one method claimed?
Yes, a restriction requirement can be made between a product and its method of use even if there’s only one method claimed. According to MPEP 806.05(i):
“Even though there is only one method of using claimed, if the product can be used in other ways, it is proper to make a restriction requirement between the product and the process of using.”
This means that the examiner can impose a restriction if they can show that the product has other potential uses, even if those uses are not explicitly claimed in the application. The key is demonstrating that the product is capable of being used in a materially different way from the claimed method. This approach ensures that the scope of examination is appropriately limited to related inventions.
To learn more: