What are the key requirements for establishing distinctness between a process of making and product made?
What are the key requirements for establishing distinctness between a process of making and product made?
To establish distinctness between a process of making and product made, two key requirements must be met:
- The product as claimed can be made by another and materially different process
- The process as claimed can be used to make another and materially different product
As stated in MPEP 806.05(f): “A process of making and a product made by the process can be shown to be distinct inventions if either or both of the following can be shown: (A) that the process as claimed is not an obvious process of making the product and the process as claimed can be used to make another materially different product; or (B) that the product as claimed can be made by another materially different process.”
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