MPEP § 806.04(f) — Restriction Between Mutually Exclusive Species (Annotated Rules)
§806.04(f) Restriction Between Mutually Exclusive Species
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
Restriction Requirement (MPEP 802-803)
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.
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.
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 § 806.04(f) — Restriction Between Mutually Exclusive Species
Source: USPTO806.04(f) Restriction Between Mutually Exclusive Species [R-08.2012]
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.