What are the key requirements for establishing distinctness between a process of making and product made?

What are the key requirements for establishing distinctness between a process of making and product made? To establish distinctness between a process of making and product made, two key requirements must be met: The product as claimed can be made by another and materially different process The process as claimed can be used to make…

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What are the criteria for a “materially different” process or use in patent restrictions?

The criteria for a “materially different” process or use in patent restrictions are not explicitly defined in the MPEP. However, based on MPEP 806.05(i), we can infer that a process or use is considered materially different if it significantly changes the nature of the invention or its application. Key points to consider: The difference should…

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