What is the significance of the terms “independent” and “distinct” in 35 U.S.C. 121?
The terms “independent” and “distinct” in 35 U.S.C. 121 are crucial for understanding when the Director of the USPTO may require restriction in patent applications. According to MPEP 802.01: “35 U.S.C. 121 quoted in the preceding section states that the Director may require restriction if two or more ‘independent and distinct’ inventions are claimed in…
Read MoreHow does MPEP 805 interpret the last sentence of 35 U.S.C. 121?
MPEP 805 provides a clear interpretation of the last sentence of 35 U.S.C. 121. The MPEP states: “In other words, under this statute, no patent can be held invalid for improper joinder of inventions claimed therein.” This interpretation emphasizes that the statute protects patents from being invalidated due to the inclusion of multiple inventions. It…
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