What is the distinction between a product and a process of using the product in patent law?
In patent law, a product and a process of using the product can be considered distinct inventions under certain conditions. According to MPEP 806.05(h), these inventions can be shown to be distinct if either:
- (A) the process of using as claimed can be practiced with another materially different product; or
- (B) the product as claimed can be used in a materially different process.
The MPEP states:
“A product and a process of using the product can be shown to be distinct inventions if either or both of the following can be shown: (A) the process of using as claimed can be practiced with another materially different product; or (B) the product as claimed can be used in a materially different process.”
This distinction is important for patent examiners when determining whether to issue a restriction requirement between product and process claims.
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