Can a patent application contain both combination and subcombination claims?
Yes, a patent application can contain both combination and subcombination claims. This strategy is often used to provide broader protection for an invention. The MPEP 806.05(a) defines the relationship between combinations and subcombinations:
“A combination is an organization of which a subcombination or element is a part.”
Based on this definition, inventors and patent attorneys may choose to include:
- Claims for the overall combination (the complete invention)
- Claims for one or more subcombinations (individual components or subsets of the invention)
However, it’s important to note that including both types of claims may lead to a restriction requirement if the examiner determines that they represent distinct inventions. Applicants should carefully consider their claim strategy to balance broad protection with the potential for restrictions during examination.
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