What is the difference between a general restriction requirement and an election of species?

While both are types of restriction requirements, MPEP 818.01(b) distinguishes between general restriction requirements and election of species:

• General restriction requirements: These typically involve distinct inventions or independent and distinct inventions.
• Election of species: This involves choosing a specific embodiment when claims encompass multiple patentably distinct species of an invention.

The MPEP indicates different form paragraphs for each: “All requirements for restriction, other than those containing only an election of species, should include form paragraph 8.21. For election of species, form paragraph 8.01 or 8.02 should be used.”

This distinction is important for both examiners in formulating requirements and applicants in responding to them.

To learn more:

• restriction requirement
• election of species
• patent examination
• USPTO procedure
• patent application