37 CFR 1.141 — Different inventions in one national application
Ninth Edition, Revision 01.2024
- (a) Two or more independent and distinct inventions may not be claimed in one national application, except that more than one species of an invention, not to exceed a reasonable number, may be specifically claimed in different claims in one national application, provided the application also includes an allowable claim generic to all the claimed species and all the claims to species in excess of one are written in dependent form (§ 1.75 ) or otherwise include all the limitations of the generic claim.
- (b) Where claims to all three categories, product, process of making, and process of use, are included in a national application, a three way requirement for restriction can only be made where the process of making is distinct from the product. 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.
[52 FR 20046, May 28, 1987, effective July 1, 1987]
Cited authority
Cited by
- 1850 Unity of Invention Before the International Searching Authority
- 1893.03(d) Unity of Invention
- 1896 The Differences Between a National Application Filed Under 35 U.S.C. 111(a) and a National Stage Application Submitted Under 35 U.S.C. 371
- 2434 Examination of Patent Applications Claiming Large Numbers of Nucleotide Sequences
- 608.01(i) Claims
- 710.02(c) Specified Time Limits: Situations in Which Used
- 802.01 Meaning of “Independent” and “Distinct”
- 803.04 Nucleotide Sequences
- 804.01 Prohibition of Nonstatutory Double Patenting Rejections Under 35 U.S.C. 121
- 806 Determination of Distinctness or Independence of Claimed Inventions
- 806.04 Genus and/or Species Inventions
- 806.04(h) Species Must Be Patentably Distinct From Each Other
- 809.02(a) Election of Species Required
- 37 CFR 1.75 Claim(s)