How does the USPTO determine if a combination does not require the particulars of the subcombination?
How does the USPTO determine if a combination does not require the particulars of the subcombination?
The USPTO determines if a combination does not require the particulars of the subcombination by examining whether the combination’s patentability is independent of the specific details of the subcombination. MPEP 806.05(a) states:
“The combination as claimed does not require the particulars of the subcombination as claimed for patentability (e.g., to show novelty and unobviousness).” (MPEP 806.05(a))
To make this determination, examiners consider:
- Whether the combination could be patentable with a generic or different version of the subcombination
- If the combination’s novelty and non-obviousness stem from elements other than the specific features of the subcombination
- Whether the combination could function with alternative subcombinations
If the examiner concludes that the combination’s patentability does not depend on the particular details of the subcombination, this criterion for distinctness is satisfied.
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