MPEP Section 806, Determination of Distinctness or Independence of Claimed Inventions

Executive summary:

This document contains Section 806 ("Determination of Distinctness or Independence of Claimed Inventions") of the Manual of Patent Examining Procedure (the "M.P.E.P."), Eighth Edition, Eighth Revision (July 2010). This page was last updated in January 2011. You may return to the section index to find a particular section. Alternatively, you may search the MPEP using the search box that appears on the left side of every page of BitLaw--you may restrict your search to the MPEP on the search results page.

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806 Determination of Distinctness or Independence of Claimed Inventions [R-3]

The general principles relating to distinctness or independence may be summarized as follows:

(A) Where inventions are independent (i.e., no disclosed relation therebetween), restriction to one thereof is ordinarily proper, MPEP § **>806.06<.

(B) Where inventions are related as disclosed but are distinct as claimed, restriction may be proper.

(D) A reasonable number of species may be claimed when there is an allowable claim generic thereto. 37 CFR 1.141, MPEP § 806.04.<

Where restriction is required by the Office double patenting cannot be held, and thus, it is imperative the requirement should never be made where related inventions as claimed are not distinct. For (B) and (C) see MPEP § 806.05 - § *>806.05(j)< and § 809.03. See MPEP § 802.01 for criteria for patentably distinct inventions.