What is Form Paragraph 8.16 used for in patent examination?
Form Paragraph 8.16 is used by patent examiners when making restriction requirements between subcombinations that are usable together. MPEP 806.05(d) provides the text of this form paragraph, which includes:
- A statement that the inventions are related as subcombinations disclosed as usable together in a single combination
- An explanation of how the subcombinations are distinct
- An example of separate utility for one of the subcombinations
- Information about the examination of dependent claims if a subcombination is found allowable
- A warning about potential double patenting rejections in future divisional applications
The form paragraph helps ensure consistency in communication between examiners and applicants regarding restriction requirements for subcombinations. It’s important for applicants to carefully review this paragraph when responding to a restriction requirement.
To learn more: