How does the USPTO determine if inventions are “independent and distinct”?
The United States Patent and Trademark Office (USPTO) uses specific criteria to determine if inventions are “independent and distinct” as outlined in MPEP 802.01:
- Independent Inventions: These are “unconnected in design, operation, and effect.” For example, “a process and an apparatus incapable of being used in practicing the process are independent inventions.”
- Distinct Inventions: These may be related but are still considered distinct if they “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.”
The MPEP further notes that for certain types of related inventions, such as combinations and subcombinations or related products/processes, a two-way test for distinctness may be required. This is detailed in MPEP sections 806.05(c) and 806.05(j).
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