What is the relationship between species and inventions in MPEP 806.04(b)?
MPEP 806.04(b) clarifies the relationship between species and inventions. The section states:
“Species always refer to the different embodiments of the invention.”
This means that species are not separate inventions, but rather different variations or embodiments of the same inventive concept. Each species represents a unique implementation or version of the invention disclosed in the patent application.
For example, in an application for a bicycle brake system, different species might include a rim brake, a disc brake, and a drum brake. While these are all brake systems (the invention), they represent distinct species or embodiments of that invention.
Understanding this relationship is crucial for patent examiners and applicants when dealing with species restrictions and elections.
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