MPEP § 806.04(e) — Claims Limited to Species (Annotated Rules)

This page consolidates and annotates all enforceable requirements under MPEP § 806.04(e), 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.

Claims Limited to Species

This section addresses Claims Limited to Species. Primary authority: 37 CFR 806.04(b).

Key Rules

Permitted Actions (3)

MPEP GuidancePermittedAlways
[mpep-806-04-e-8b95d6444c9c563fe2426c3a]
Claims May Limit to Single Embodiment
Note:
A claim can be restricted to a single disclosed embodiment, defining it as a specific species claim.

Claims are definitions or descriptions of inventions. Claims themselves are never species. The scope of a claim may be limited to a single disclosed embodiment (i.e., a single species, and thus be designated a specific species claim). Alternatively, a claim may encompass two or more of the disclosed embodiments (and thus be designated a generic or genus claim).

MPEP GuidancePermittedAlways
[mpep-806-04-e-f2369265a75153f6571b9a81]
Claim May Encompass Multiple Embodiments
Note:
A claim can cover more than one disclosed invention, making it a generic or genus claim.

Claims are definitions or descriptions of inventions. Claims themselves are never species. The scope of a claim may be limited to a single disclosed embodiment (i.e., a single species, and thus be designated a specific species claim). Alternatively, a claim may encompass two or more of the disclosed embodiments (and thus be designated a generic or genus claim).

MPEP GuidancePermittedAlways
[mpep-806-04-e-4e09019170613e7e75c3d8c9]
Species Must Be Disclosed as Independent or Related
Note:
Claims must be limited to species disclosed as independent or related in the specification.

Species may be either independent or related as disclosed (see MPEP § 806.04 and § 806.04(b)).

Definitions & Scope (2)

MPEP GuidanceInformativeAlways
[mpep-806-04-e-9de5f8d8677e0d4b06f92eec]
Claims Must Define Inventions
Note:
Claims must describe the inventions disclosed in the specification, either as a single species or encompassing multiple embodiments.

Claims are definitions or descriptions of inventions. Claims themselves are never species. The scope of a claim may be limited to a single disclosed embodiment (i.e., a single species, and thus be designated a specific species claim). Alternatively, a claim may encompass two or more of the disclosed embodiments (and thus be designated a generic or genus claim).

MPEP GuidanceInformativeAlways
[mpep-806-04-e-9c73f0513670d1913f21fc31]
Claims Are Not Species
Note:
Claims define inventions but cannot be limited to a single disclosed embodiment; they may cover multiple embodiments.

Claims are definitions or descriptions of inventions. Claims themselves are never species. The scope of a claim may be limited to a single disclosed embodiment (i.e., a single species, and thus be designated a specific species claim). Alternatively, a claim may encompass two or more of the disclosed embodiments (and thus be designated a generic or genus claim).

Citations

Primary topicCitation
37 CFR § 806.04(b)
MPEP § 806.04

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