What is the purpose of grouping patentably indistinct species in a patent application?
The purpose of grouping patentably indistinct species in a patent application is to streamline the examination process and reduce the burden on both the applicant and the examiner. According to MPEP 809.02:
“Where the species are clearly not patentably distinct, the examiner, in the restriction requirement, may include within a single species any two or more species which appear to be closely related (apparent obvious variants).”
This grouping serves several purposes:
- It simplifies the election process for the applicant.
- It allows for more efficient examination by considering related species together.
- It helps identify potential obvious variants early in the examination process.
- It can reduce the number of separate species elections required.
By grouping patentably indistinct species, the patent office aims to balance thoroughness in examination with efficiency in the application process.
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