Can a species restriction be required in applications with only generic claims?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs 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. Generally, a species restriction cannot be required in applications with only generic claims. MPEP 808.01(a) states: “ In applications where only generic claims are presented, restriction cannot be required unless the generic claims recite or encompass such a multiplicity of species that an unduly extensive and burdensome search would be necessary to search the entire scope of the claim. “ This means that for applications with only generic claims, a species restriction is only permissible if the generic claims cover such a wide range of species that searching all of them would place an unreasonable burden on the examiner. In such cases, the examiner must provide a clear explanation of why the search would be unduly burdensome. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Restriction Not Required for Generic Claims MPEP 808.01(a) Prohibited Election of Species Required Before Merits Search MPEP 808.01(a) Required Requirement for Restricting Species with Patentable Differences and Search Burden MPEP 808.01(a) Required Requirement for Restricting Species MPEP 808.01(a) Recommended Requirement for Independent Species MPEP 808.01(a) Restriction Not Proper for Related Non-Distinct Inventions MPEP 808.02 Reasons for Insisting Upon Restriction MPEP 808 Required Disclosure Relation Must Not Prevent Restriction MPEP 808.01(a) Required Election of Single Species Required Even if Disagreed With Examiner MPEP 808.01(a) Required Requirement for Grouping Clearly Unpatentable Species MPEP 808.01(a) Required Other Related FAQs 5 FAQs Collapse What is the difference between species and embodiments in patent applications? When is an applicant required to elect a single species?...