What are the form paragraphs used in restriction requirements for product and process of using?

The MPEP 806.05(h) specifies that form paragraphs 8.20 and 8.21.04 should be used in restriction requirements between the product and method of using. These form paragraphs serve specific purposes:

• Form Paragraph 8.20: Used to explain the relationship between product and process of use inventions and to state the reasons for distinctness.
• Form Paragraph 8.21.04: Provides a notice of potential rejoinder of process claims if the product claims are found allowable.

The MPEP states:

“Form paragraphs 8.20 and 8.21.04 should be used in restriction requirements between the product and method of using.”

These form paragraphs help ensure consistency in communication between examiners and applicants regarding restriction requirements and the possibility of rejoinder.

To learn more:

• form paragraphs
• restriction requirements
• product claims
• process claims
• rejoinder