How does the USPTO handle applications with plural inventions related as both combination-subcombination and species?
When an application contains plural inventions that can be viewed as related in two ways – as combination-subcombination and as species under a claimed genus – the USPTO requires that both applicable criteria for distinctness be demonstrated to support a restriction requirement. The MPEP states:
“In applications claiming plural inventions capable of being viewed as related in two ways, for example, as both combination-subcombination and also as species under a claimed genus, both applicable criteria for distinctness must be demonstrated to support a restriction requirement.”
This means that examiners must carefully consider and apply the appropriate criteria for each type of relationship (combination-subcombination and species) when making a restriction requirement. This approach ensures that the restriction is properly justified and that applicants have a clear understanding of the basis for the requirement.
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