Can a claim include both a product and a process?

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.

While claims can reference multiple statutory classes of invention, there are specific rules for combining product and process elements. According to MPEP 2173.05(p):

• A claim to a device, apparatus, manufacture, or composition of matter may contain a reference to the process in which it is intended to be used without being objectionable, as long as it’s clear that the claim is directed to the product and not the process.
• However, a single claim that claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b).

The key is to ensure that the claim is clearly directed to either the product or the process, avoiding ambiguity that could lead to indefiniteness.