How does the USPTO handle applications with genus and species claims?
The United States Patent and Trademark Office (USPTO) has specific procedures for handling applications with genus and species claims. According to MPEP 806.04:
“In the first action on an application containing a generic claim to a generic invention (genus) and claims to more than one patentably distinct species embraced thereby, the examiner may require the applicant in the reply to that action to elect a species of his or her invention to which his or her claim will be restricted if no claim to the genus is found to be allowable.“
This means that if an application contains both genus and species claims, the examiner may require the applicant to elect a specific species for examination. However, if the genus claim is found allowable, the species claims may also be allowed.
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