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