How does 37 CFR 1.141(b) relate to restriction requirements in patent applications?

37 CFR 1.141(b) is a regulation that specifically addresses restriction requirements in patent applications containing claims to multiple categories of inventions. The MPEP 806.05(i) references this regulation:

“37 CFR 1.141 Different inventions in one national application. ***** (b) Where claims to all three categories, product, process of making, and process of use, are included in a national application, a three way requirement for restriction can only be made where the process of making is distinct from the product.”

This regulation establishes the conditions under which a three-way restriction requirement can be made in an application containing product, process of making, and process of using claims. Specifically, it states that such a restriction is only permissible when the process of making is distinct from the product.

For the full text of 37 CFR 1.141, you can refer to the Electronic Code of Federal Regulations.

To learn more:

• 37 CFR 1.141(b)
• restriction requirement
• product claims
• process claims
• patent application