What is the restriction practice for related species in patent applications?
The restriction practice for related species in patent applications involves a more complex analysis. According to MPEP 806.04(b): “Where inventions as disclosed and claimed are both (A) species under a claimed genus and (B) related, then the question of restriction must be determined by both the practice applicable to election of species and the practice…
Read MoreHow are independent species determined in patent applications?
Independent species in patent applications are determined based on their lack of connection in design, operation, or effect under the disclosure. As stated in MPEP 806.04(b): “Where species under a claimed genus are not connected in any of design, operation, or effect under the disclosure, the species are independent inventions.” This means that if different…
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