What is the distinction between a process of making and a product made?

A process of making and a product made by the process can be shown to be distinct inventions if either or both of the following can be demonstrated:

• (A) The process as claimed is not an obvious process of making the product and can be used to make another materially different product, or
• (B) The product as claimed can be made by another materially different process.

As stated in MPEP 806.05(f): “Allegations of different processes or products need not be documented.” This means that the examiner can make these assertions without providing specific evidence.

To learn more:

• Process Claims
• Product Claims
• Restriction Requirement
• Patent Examination