What is the process for restricting between species in a patent application?
The process for restricting between species in a patent application is outlined in MPEP 809.02(a). According to MPEP 814:
“The mode of indicating how to require restriction between species is set forth in MPEP § 809.02(a). The particular limitations in the claims and the reasons why such limitations are considered to support restriction of the claims to a particular disclosed species should be mentioned if necessary to make the requirement clear.”
Examiners may use Form paragraph 8.01 or 8.02 to require an election of species. This process ensures that the applicant understands which species are being restricted and why.
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