When can process of using claims be joined with product and process of making claims?

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.

Process of using claims can be joined with product and process of making claims under certain circumstances. The MPEP 806.05(i) states:

“If the process of making and the product are not distinct, the process of using may be joined with the claims directed to the product and the process of making the product even though a showing of distinctness between the product and process of using the product can be made.”

This means that if the examiner cannot establish distinctness between the product and the process of making it, the process of using claims can be kept together with the product and process of making claims, even if the process of using is distinct from the product itself.