How does the USPTO define “independent inventions” for restriction purposes?
The United States Patent and Trademark Office (USPTO) defines independent inventions in the context of restriction requirements as outlined in MPEP 806. According to this section:
“Independent inventions are inventions which are not connected in design, operation, or effect, e.g., species under a genus which are mutually exclusive.“
This means that independent inventions:
- Have no apparent relationship to each other
- Are not part of a single inventive concept
- Could have been the result of completely independent inventive efforts
For example, a bicycle and a microwave oven would be considered independent inventions. They have no connection in design, operation, or effect, and could have been invented independently without knowledge of the other.
It’s important to note that the determination of independence is based on the claimed inventions, not just the disclosed subject matter. Examiners must consider the claims as a whole when making this determination.
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