What is the distinction between process and apparatus inventions?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Process and apparatus inventions can be shown to be distinct if either:

• The process as claimed can be practiced by another materially different apparatus or by hand, or
• The apparatus as claimed can be used to practice another materially different process.

As stated in MPEP § 806.05(e): “Process and apparatus for its practice can be shown to be distinct inventions, if either or both of the following can be shown: (A) that the process as claimed can be practiced by another materially different apparatus or by hand; or (B) that the apparatus as claimed can be used to practice another materially different process.”