What are the criteria for determining distinctness between related product inventions?
What are the criteria for determining distinctness between related product inventions?
The criteria for determining distinctness between related product inventions are outlined in MPEP 806.05(j). According to this section:
“Related product inventions are distinct if:
- (A) the inventions as claimed do not overlap in scope, i.e., are mutually exclusive;
- (B) the inventions as claimed are not obvious variants; and
- (C) the inventions as claimed are either not capable of use together or can have a materially different design, mode of operation, function, or effect.”
These criteria help examiners determine whether related product inventions can be considered distinct for the purposes of restriction requirements. It’s important to note that all three conditions must be met for the inventions to be considered distinct.
For more detailed information, refer to MPEP 806.05(j).
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