How are related product inventions considered distinct for restriction purposes?
Related product inventions are considered distinct for restriction purposes if they meet the following criteria:
- The inventions as claimed do not overlap in scope (i.e., are mutually exclusive)
- The inventions as claimed are not obvious variants
- The inventions as claimed are either not capable of use together or can have a materially different design, mode of operation, function, or effect
As stated in MPEP 806.05(j): For other related product inventions, or related process inventions, the inventions are distinct if (A) the inventions as claimed do not overlap in scope, i.e., are mutually exclusive; (B) the inventions as claimed are not obvious variants; and (C) the inventions as claimed are either not capable of use together or can have a materially different design, mode of operation, function, or effect.
It’s important to note that both two-way distinctness and reasons for insisting on restriction (such as separate classification, status in the art, or field of search) are necessary to support a restriction requirement between related product inventions.
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