What are the criteria for establishing distinctness between related product inventions?

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.

To establish distinctness between related product inventions, the following criteria must be met:

• 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.“