What is the “utility” requirement for a subcombination in patent restriction practice?

What is the “utility” requirement for a subcombination in patent restriction practice?

The utility requirement for a subcombination is a crucial aspect of patent restriction practice. According to MPEP 806.05(a):

“The subcombination has utility by itself or in other combinations.” (MPEP 806.05(a))

This means that for a subcombination to be considered distinct from the combination:

• It must have a practical use on its own, or
• It must be capable of being used in other combinations beyond the one claimed.

This requirement ensures that the subcombination is not merely an arbitrary part of the combination but has independent patentable significance. Examiners will assess this utility when determining whether to issue a restriction requirement between a combination and subcombination.

To learn more:

• subcombination utility
• patent restriction
• MPEP 806.05(a)
• combination and subcombination