MPEP § 806.04(f) — Restriction Between Mutually Exclusive Species (Annotated Rules)

§806.04(f) Restriction Between Mutually Exclusive Species

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 806.04(f), including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Restriction Between Mutually Exclusive Species

This section addresses Restriction Between Mutually Exclusive Species. Contains: 1 prohibition and 1 permission.

Key Rules

Topic

Restriction Requirement (MPEP 802-803)

2 rules
MPEP GuidancePermittedAlways
[mpep-806-04-f-48243781767ae51a64ab47bd]
Requirement for Restricting to Mutually Exclusive Species
Note:
Claims must be restricted to a single species if the species are mutually exclusive, meaning one claim discloses limitations of one species but not another.

Where two or more species are claimed, a requirement for restriction to a single species may be proper if the species are mutually exclusive. Claims to different species are mutually exclusive if one claim recites limitations disclosed for a first species but not a second, while a second claim recites limitations disclosed only for the second species and not the first. This may also be expressed by saying that to require restriction between claims limited to species, the claims must not overlap in scope.

Jump to MPEP SourceRestriction Requirement (MPEP 802-803)Restriction and Election Practice (MPEP Chapter 800)
MPEP GuidanceProhibitedAlways
[mpep-806-04-f-54dd6b31a6a84f994013e318]
Claims Must Not Overlap in Scope for Mutually Exclusive Species
Note:
Claims to different species must not share limitations, requiring restriction between them.

Where two or more species are claimed, a requirement for restriction to a single species may be proper if the species are mutually exclusive. Claims to different species are mutually exclusive if one claim recites limitations disclosed for a first species but not a second, while a second claim recites limitations disclosed only for the second species and not the first. This may also be expressed by saying that to require restriction between claims limited to species, the claims must not overlap in scope.

Jump to MPEP SourceRestriction Requirement (MPEP 802-803)Restriction and Election Practice (MPEP Chapter 800)

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2025-12-31