What is the difference between species and embodiments in patent rejections?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 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 rejections, species typically refer to members of a claimed genus, while embodiments are different versions or implementations of a single claimed invention. This distinction is important when overcoming rejections. As stated in MPEP 715.03 : “References or activities which disclose one or more embodiments of a single claimed invention, as opposed to species of a claimed genus, can be overcome by filing a 37 CFR 1.131(a) affidavit showing prior completion of a single embodiment of the invention, whether it is the same or a different embodiment from that disclosed in the reference or activity.” This means that for embodiments, showing prior completion of any single embodiment may be sufficient to overcome the rejection, while for species, the requirements may be more stringent, especially in unpredictable fields. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Affidavit for Different Embodiment of Invention MPEP 715.03 Permitted Claimed Species Overcome by Prior Completion MPEP 715.03 Permitted Indirect Antedating of Reference or Activity MPEP 715.03 Prohibited Disclosure Considered as Different Embodiments of a Single Invention MPEP 715.03 Single Species Completion Sufficient to Antedate Reference Under 37 CFR 1.131(a) MPEP 715.03 Showing Prior Possession for Single Species MPEP 715.03 Permitted Prior Completion Not Sufficient for Generic Invention MPEP 715.03 Date to Overcome Prior Art Is Effective Date MPEP 715 Showing Completion of Species Not Sufficient for Generic Invention MPEP 715.03 Affidavit or Declaration to Overcome Prior Art Rejection MPEP 715 Permitted Other Related FAQs 5 FAQs Collapse How can an applicant overcome a species rejection und...