Can a claim include both a product and a process?

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…

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Are there any exceptions to the rule against mixing product and process elements in a single claim?

While the general rule discourages mixing product and process elements in a single claim, the MPEP 2173.05(p) does provide some nuance. It states: “In contrast, when a claim recites a product and additional limitations which focus on the capabilities of the system, not the specific actions or functions performed by the user, the claim may…

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What are the rules for claiming multiple inventions in a single patent application?

The rules for claiming multiple inventions in a single patent application are primarily governed by 37 CFR 1.141. This regulation outlines the conditions under which multiple inventions can be claimed in one national application. According to 37 CFR 1.141(a): “Two or more independent and distinct inventions may not be claimed in one national application, except…

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