What is the relationship between species in patent applications?
The relationship between species in patent applications is an important factor in determining whether a restriction requirement is appropriate. According to MPEP 808.01(a):
“Where there is a relationship disclosed between species, such disclosed relation must be discussed and reasons advanced leading to the conclusion that the disclosed relation does not prevent restriction, in order to establish the propriety of restriction.“
This means that if the application discloses a relationship between different species, the examiner must address this relationship when making a restriction requirement. The examiner needs to explain why the disclosed relationship is not sufficient to prevent a restriction. If no relationship is disclosed, the species are considered independent inventions, and a restriction may be more readily justified if other criteria are met.
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