Can an applicant claim additional species in the same application when generic claims are allowable?

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.

Yes, an applicant can claim additional species in the same application when generic claims are allowable. The MPEP explicitly states:

“Where generic claims are allowable, applicant may claim in the same application additional species as provided by 37 CFR 1.141.”

This provision allows applicants to broaden the scope of their patent protection by including additional species claims when the generic claim covering those species has been found allowable. It’s important to note that these additional species must still fall within the scope of the allowable generic claim.