What is the significance of a process “specially adapted for” making a product in restriction practice?
In patent restriction practice, a process “specially adapted for” making a product has special significance. The MPEP 806.05(i) states:
“Where an application contains claims to a product, claims to a process specially adapted for (i.e., not patentably distinct from, as defined in MPEP § 806.05(f)) making the product, and claims to a process of using the product…”
This means that a process “specially adapted for” making a product is considered not patentably distinct from the product itself. In practical terms, this often allows the process of making claims to be examined together with the product claims, potentially simplifying the examination process and providing broader protection for the invention.
For more details on the relationship between products and processes of making, refer to MPEP § 806.05(f).
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