What is the difference between claims and species in patent law?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Claims Are Not Species MPEP 806.04(e) Claim May Encompass Multiple Embodiments MPEP 806.04(e) Permitted Claims May Limit to Single Embodiment MPEP 806.04(e) Permitted Claims Must Define Inventions MPEP 806.04(e) Species Must Be Disclosed as Independent or Related MPEP 806.04(e) Permitted Where Inventions Are Related But Not Distinct, Restriction Is Never Proper MPEP 806 Allowable Claim Must Cover Reasonable Number of Species MPEP 806 Invention Distinctness Requirement MPEP 806 Permitted Requirement for Non-Distinct Inventions Not to Be Restricted MPEP 806 Prohibited Requirement for Distinct Inventions MPEP 806 Other Related FAQs 5 FAQs Collapse What are embodiments in patent law and how do they relate to species? How do generic or genus claims differ from specific species claims? Can species be independent or related in patent applications? How are species claims different from generic claims in patents? What is a specific species claim in patent applications?