What are “independent and distinct inventions” in the context of restriction practice?
In the context of restriction practice, “independent and distinct inventions” refer to inventions that are separate and different enough to warrant individual examination. The MPEP 802 provides guidance on this concept:
“Restriction is the practice of requiring an applicant to elect a single claimed invention (e.g., a combination or subcombination invention, a product or process invention, a species within a genus) for examination when two or more independent and distinct inventions are claimed in an application.”
Inventions are considered independent when they have different designs, modes of operation, or effects. They are distinct when one invention is not required for the practice of the other. The determination of whether inventions are independent and distinct is made by patent examiners on a case-by-case basis.
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