What is the difference between a generic claim and a species claim in patent law?
In patent law, a generic claim is broader and covers a general class of inventions, while a species claim is more specific and covers a particular embodiment within that class. The MPEP 806.04(i) discusses situations where generic claims are presented after species claims have been issued:
“If a generic claim is presented in a separate application after the issuance of a patent claiming one or more species within the scope of the generic claim…”
This statement implies that a generic claim encompasses multiple species claims. For example, if a patent has been issued for a specific type of chair (species), a later generic claim might cover chairs in general. The relationship between generic and species claims is important in patent examination, particularly in issues of double patenting and claim scope.
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