MPEP § 806.01 — Compare Claimed Subject Matter (Annotated Rules)
This page consolidates and annotates all enforceable requirements under MPEP § 806.01, 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.
Compare Claimed Subject Matter
This section addresses Compare Claimed Subject Matter. Primary authority: 37 CFR 808.01(a).
Key Rules
Exceptions & Carve-Outs (1)
In passing upon questions of double patenting and restriction, it is the claimed subject matter that is considered and such claimed subject matter must be compared in order to determine the question of distinctness or independence. However, a provisional election of a single species may be required where only generic claims are presented and the generic claims recite or encompass such a multiplicity of species that an unduly extensive and burdensome search is necessary. See MPEP § 803.02 and § 808.01(a).
Citations
| Primary topic | Citation |
|---|---|
| – | 37 CFR § 808.01(a) |
| – | MPEP § 803.02 |
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.
Official MPEP § 806.01 — Compare Claimed Subject Matter
Source: USPTO806.01 Compare Claimed Subject Matter [R-07.2022]
In passing upon questions of double patenting and restriction, it is the claimed subject matter that is considered and such claimed subject matter must be compared in order to determine the question of distinctness or independence. However, a provisional election of a single species may be required where only generic claims are presented and the generic claims recite or encompass such a multiplicity of species that an unduly extensive and burdensome search is necessary. See MPEP § 803.02 and § 808.01(a).