How are intermediate and final product species handled in patent applications?
Intermediate and final product species in patent applications require special consideration. The MPEP 806.04(b) provides guidance on this topic:
“As a further example, species of carbon compounds may be related to each other as intermediate and final product. Thus, these species are not independent and in order to sustain a restriction requirement, distinctness must be shown.”
To establish distinctness between intermediate and final product species, the following criteria must be met:
- The claims to the intermediate and final products do not overlap in scope
- The products are not obvious variants
- The intermediate product is useful for purposes other than making the final product
If these criteria are not met, the relationship between the intermediate and final products may preclude their separation into different patents. For more detailed guidance, refer to MPEP § 806.05(j) on restriction practice for related products.
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