How does the USPTO handle applications with plural inventions related as both combination-subcombination and species?

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.

When an application contains plural inventions that can be viewed as related in two ways – as combination-subcombination and as species under a claimed genus – the USPTO requires that both applicable criteria for distinctness be demonstrated to support a restriction requirement. The MPEP states:

“In applications claiming plural inventions capable of being viewed as related in two ways, for example, as both combination-subcombination and also as species under a claimed genus, both applicable criteria for distinctness must be demonstrated to support a restriction requirement.”

This means that examiners must carefully consider and apply the appropriate criteria for each type of relationship (combination-subcombination and species) when making a restriction requirement. This approach ensures that the restriction is properly justified and that applicants have a clear understanding of the basis for the requirement.