What is the “process of making and process of using” restriction requirement?

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.

The “process of making and process of using” restriction requirement is a type of restriction that can be made between claims in a patent application. According to MPEP 806.05(i), this restriction can be applied when:

• The process of making as claimed is distinct from the process of using, AND
• The product can be made by another materially different process, OR
• The product can be used in a materially different process.

The MPEP states: “A process of making and a process of using may be grouped together if they are disclosed as being part of the same inventive process.” This means that if the processes are closely related, they may be examined together.