What is Form Paragraph 8.20 and when is it used in patent examination?

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.

Form Paragraph 8.20 is a standardized text used by patent examiners in specific situations related to restriction requirements. The MPEP 806.05(i) mentions:

“Form paragraph 8.20 (See MPEP § 806.05(h)) may be used in product, process of making and process of using situations where the product cannot be restricted from the process of making the product.”

This means that Form Paragraph 8.20 is typically used when:

• An application contains claims to a product, a process of making the product, and a process of using the product
• The examiner cannot establish distinctness between the product and the process of making it

In such cases, the examiner may use this form paragraph to explain why the product and the process of making it are being examined together, even if the process of using might be distinct.

For the specific content and usage guidelines of Form Paragraph 8.20, refer to MPEP § 806.05(h).