How does the USPTO handle species and genus claims in separate applications?
The USPTO has specific guidelines for handling species and genus claims in separate applications. According to MPEP 822, examiners are directed to “See MPEP § 806.04(h) to § 806.04(i) for species and genus in separate applications.” Key points about handling species and genus claims in separate applications include: Species claims are more specific embodiments of…
Read MoreHow does the doctrine of obviousness-type double patenting affect rejoinder?
The doctrine of obviousness-type double patenting can affect rejoinder in patent applications, particularly when an applicant voluntarily presents related claims in separate applications. According to MPEP 821.04: “Where applicant voluntarily presents claims to the product and process, for example, in separate applications (i.e., no restriction requirement was made by the Office), and one of the…
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