What is the difference between claims and species in patent law?
In patent law, claims and species are distinct concepts. According to MPEP 806.04(e):
“Claims are definitions or descriptions of inventions. Claims themselves are never species. The scope of a claim may be limited to a single disclosed embodiment (i.e., a single species, and thus be designated a specific species claim).”
In other words, claims define the scope of the invention, while species refer to different embodiments or variations of the invention. A claim can be broad enough to cover multiple species or narrow enough to cover only one species.
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