What is the difference between species and restriction requirements in patent applications?
Species and restriction requirements in patent applications are related but distinct concepts:
- Restriction requirement: Applies when an application contains claims to two or more independent or distinct inventions.
- Species requirement: Occurs when an application contains claims directed to two or more patentably distinct species of an invention.
As stated in MPEP 808.01(a): “Where restriction between species is appropriate (see MPEP § 808.01(a)) the examiner should send a letter including only a restriction requirement.” This indicates that a species requirement is a specific type of restriction requirement focused on distinct species within a single invention.
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