What are the key criteria for establishing distinctness in subcombinations usable together?
The key criteria for establishing distinctness in subcombinations usable together are:
- The subcombinations must have separate utility
- The inventions must be shown to be separately usable
- There must be evidence of separate status in the art
- There must be evidence of different classification
According to MPEP 806.05(d), “To support a requirement for restriction between subcombinations usable together, both two-way distinctness and reasons for insisting on restriction are necessary.” The MPEP further states, “The inventions are distinct if they do not overlap in scope and are not obvious variants, and if it is shown that at least one subcombination is separately usable.”
To learn more: