What are the requirements for a proper restriction between species?
For a proper restriction between species, the following requirements must be met:
- There must be no disclosure of a relationship between species (see MPEP § 806.04(b))
- There must be a patentable difference between the species as claimed
- There would be a serious search and/or examination burden on the examiner if restriction is not required
As stated in MPEP 808.01(a): “Where there is no disclosure of a relationship between species (see MPEP § 806.04(b)), they are independent inventions. A requirement for restriction is permissible if there is a patentable difference between the species as claimed and there would be a serious search and/or examination burden on the examiner if restriction is not required.”
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