How should an examiner identify species in a patent application?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

According to MPEP 809.02, examiners should follow specific guidelines when identifying species in a patent application:

• Use figures or examples: “The species are preferably identified as the species of figures 1, 2, and 3 or the species of examples I, II, and III, respectively.”
• Provide clear descriptions: Each species should be clearly described to avoid ambiguity.
• Identify claims: “The claims embracing each species must be identified.”
• Group patentably indistinct species: If applicable, the examiner should group species that are not patentably distinct.

This approach ensures clarity and helps applicants understand which species they need to elect.