What options does an applicant have when facing a restriction requirement for product, process of making, and process of using claims?

When an application contains claims to a product, process of making, and process of using, the applicant may face a restriction requirement. According to MPEP 806.05(i):

“Where an application contains claims to a product, claims to a process specially adapted for (i.e., not patentably distinct from, as defined in MPEP § 806.05(f)) making the product, and claims to a process of using the product, applicant may be required to elect either (A) the product and process of making it; or (B) the process of using.”

This means that the applicant typically has two options:

• Elect the product claims along with the process of making claims
• Elect the process of using claims

However, it’s important to note that if the examiner cannot show distinctness between the process of using and the product, a restriction cannot be required between these two.

To learn more:

• restriction requirement
• election options
• product claims
• process claims
• patent application