What is the process for restricting between species in a patent application?

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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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse How to Require Restriction Between Species MPEP 814 Requirement for Election of Species MPEP 814 Permitted Requirement for Election of Species Where Only Generic Claims Are Presented MPEP 809.02(a) Recommended Election of Species Not Followed by Form Paragraph 8.21 MPEP 809.02(a) Election of Species Not Followed by Specific Paragraph MPEP 809.02(a) Claims Must Be Restricted to Disclosed Species MPEP 809.02(a) No Election of Specific Species Required When Grouped MPEP 809.02(a) Required Requirement for Restricting Species MPEP 809.02(a) Recommended Requirement for Linking Claims to Divisible Inventions MPEP 809 Linking Claims Prevent Restriction Between Divisible Inventions MPEP 809 Permitted Other Related FAQs 5 FAQs Collapse What constitutes a complete reply to an Election of Species requirement? What happens if I don&#8217;t respond to an Election of Species requirement? What is an Election of Species requirement in patent applications? What should an examiner do if species cannot be convenient...