37 CFR 1.141 - Different inventions in one national application.

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§ 1.141 Different inventions in one national application.
(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]

Title 37 published on 2014-07-01

The following are only the Rules published in the Federal Register after the published date of Title 37.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-12-16; vol. 79 # 241 - Tuesday, December 16, 2014
    1. 79 FR 74618 - 2014 Interim Guidance on Patent Subject Matter Eligibility
      GPO FDSys XML | Text
      DEPARTMENT OF COMMERCE, United States Patent and Trademark Office
      Examination guidance; request for comments.
      Effective Date: This Interim Eligibility Guidance is effective on December 16, 2014. This Interim Eligibility Guidance applies to all applications filed before, on or after December 16, 2014. Comment Deadline Date: To be ensured of consideration, written comments must be received on or before March 16, 2015.
      37 CFR Part 1

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United States Code
U.S. Code: Title 35 - PATENTS

Title 37 published on 2014-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 37 CFR 1 after this date.

  • 2014-12-16; vol. 79 # 241 - Tuesday, December 16, 2014
    1. 79 FR 74618 - 2014 Interim Guidance on Patent Subject Matter Eligibility
      GPO FDSys XML | Text
      DEPARTMENT OF COMMERCE, United States Patent and Trademark Office
      Examination guidance; request for comments.
      Effective Date: This Interim Eligibility Guidance is effective on December 16, 2014. This Interim Eligibility Guidance applies to all applications filed before, on or after December 16, 2014. Comment Deadline Date: To be ensured of consideration, written comments must be received on or before March 16, 2015.
      37 CFR Part 1