What is the difference between generic claims and linking claims in patent applications?

Generic claims and linking claims serve different purposes in patent applications:

  • Generic claims cover a broad category or genus of inventions, encompassing multiple species within that genus.
  • Linking claims connect two or more otherwise independent or distinct inventions.

MPEP 818.02(b) addresses both types of claims:

“Where only generic claims are first presented and prosecuted in an application… [and] Where only linking claims are first presented and prosecuted in an application…”

The examination process differs for each type. For generic claims, the examiner may require election of a species if species claims are later introduced. For linking claims, the examiner may require election of a single invention if claims to multiple linked inventions are later presented.

To learn more:

Tags: election of invention, Election Of Species, Generic Claims, linking claims