37 CFR § 1.141 — Different inventions in one national (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.141 Different inventions in one national
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 1.141, including 24 rules 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.
Summary
This section addresses the restriction practice for filing multiple independent and distinct inventions in a single national application, allowing claims of more than one species if they are patentably distinct.
What this section covers
- Defines that this section addresses the restriction practice for filing multiple independent and distinct inventions in a single national application.
- Identifies that this section provides guidance on the conditions under which more than one species of an invention can be claimed in a single application.
Key obligations
- States that two or more independent and distinct inventions cannot be claimed in a single national application unless they are species of the same invention.
- States that more than one species may be claimed in a single application, but it should not exceed a reasonable number.
- States that the restriction requirement is based on USC and 37 CFR rules, specifically MPEP Chapter 800.
Practice notes
- Provides a practical tip to ensure that only species of the same invention are claimed in a single application.
- Advises practitioners to avoid claiming more than one independent and distinct invention in a single national application unless it is necessary.
Official MPEP § 1.141 — Different inventions in one national
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.141 Different inventions in one national application.
- (a) Two or more independent and distinct inventions may not be claimed in one national application, except that more than one species of an invention, not to exceed a reasonable number, may be specifically claimed in different claims in one national application, provided the application also includes an allowable claim generic to all the claimed species and all the claims to species in excess of one are written in dependent form (§ 1.75 ) or otherwise include all the limitations of the generic claim.
- (b) Where claims to all three categories, product, process of making, and process of use, are included in a national application, a three way requirement for restriction can only be made where the process of making is distinct from the product. If the process of making and the product are not distinct, the process of using may be joined with the claims directed to the product and the process of making the product even though a showing of distinctness between the product and process of using the product can be made.
[52 FR 20046, May 28, 1987, effective July 1, 1987]
- Examination Procedure
- Pct
- Pct Amendments Article 19
- Pct Description Claims
- Pct Unity Invention
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- Divisional Applications
- Restriction Requirement
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- Sequence Listing