How 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 embodiments of an invention function independently and do not share a common design or operational principle, they may be considered independent species. Patent examiners refer to MPEP § 802.01 and § 806.06 for further guidance on determining independence of inventions.
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