How is distinctness determined for intermediate-final product relationships?

Distinctness in an intermediate-final product relationship is determined based on two key factors:

1. The intermediate product must be useful to make something other than the final product.
2. The intermediate and final products must be patentably distinct (not obvious variants).

According to MPEP § 806.05(j): “As an example, an intermediate product and a final product can be shown to be distinct inventions if the intermediate and final products are mutually exclusive inventions (not overlapping in scope) that are not obvious variants, and the intermediate product as claimed is useful to make something other than the final product as claimed. Typically, the intermediate loses its identity in the final product.“

Examiners use Form Paragraph 8.14 to restrict between intermediate-final product inventions, which states in part: “Distinctness is proven for claims in this relationship if the intermediate product is useful to make other than the final product and the species are patentably distinct“

To learn more:

• Intermediate-Final Product
• Distinctness
• Patent Examination
• Restriction Requirements