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