How does the USPTO determine if a process can make a materially different product?
The USPTO’s Manual of Patent Examining Procedure (MPEP) 806.05(f) provides guidance on determining if a process can make a materially different product. The key considerations are: The claimed process must be capable of producing a product that is materially different from the one claimed. The difference must be significant and not merely a trivial variation.…
Read MoreWhat 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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