How does the concept of “related but distinct” inventions affect patent applications?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The concept of “related but distinct” inventions significantly impacts patent applications and examination. According to MPEP 802.01:

“Related inventions are distinct if the inventions as claimed are not connected in at least one of design, operation, or effect (e.g., can be made by, or used in, a materially different process) and wherein at least one invention is PATENTABLE (novel and nonobvious) OVER THE OTHER.”

This concept affects patent applications in several ways:

• Restriction Requirements: The USPTO may issue a restriction requirement, forcing the applicant to choose one invention to pursue in the current application.
• Divisional Applications: Applicants may need to file divisional applications to protect related but distinct inventions.
• Examination Efficiency: It allows examiners to focus on a single invention per application, potentially speeding up the examination process.
• Patent Scope: It can affect the scope of protection granted in a single patent, as related but distinct inventions may need to be claimed separately.

For specific guidance on determining distinctness for combinations and subcombinations or related products/processes, refer to MPEP 806.05(c) and MPEP 806.05(j) respectively.