How does MPEP 806.05 define “related inventions”?
How does MPEP 806.05 define “related inventions”?
MPEP 806.05 defines related inventions as those that are distinct but have a relationship. Specifically, the MPEP states:
“Related inventions are distinct if the inventions as claimed are not connected in at least one of design, operation, or effect (e.g., can be made by, or used in, a materially different process) and wherein at least one invention is PATENTABLE (novel and nonobvious) OVER THE OTHER (though they may each be unpatentable over the prior art).”
This definition emphasizes that related inventions must be distinct in their claimed aspects while maintaining some form of relationship. The key aspects to consider are:
- Design
- Operation
- Effect
If the inventions differ in at least one of these aspects and one invention is patentable over the other, they can be considered related but distinct inventions.
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