What are species in patent law?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 8 Rules 5 Related FAQs 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. In patent law, species refer to specific embodiments or variations of an invention within a broader genus or category. The Manual of Patent Examining Procedure (MPEP) 806.04(b) states that “Species may be either independent or related under the particular disclosure.” This means that species can be distinct inventions or related inventions depending on how they are described in the patent application. Related Rules from the Manual of Patent Examining Procedure 8 rules Collapse Requirement for Distinct Inventions MPEP 806 Restriction to One Independent Invention Is Proper MPEP 806 Reasonable Number of Species May Be Claimed When Generic Claim Is Allowed MPEP 806 Permitted Invention Distinctness Requirement MPEP 806 Permitted Allowable Claim Must Cover Reasonable Number of Species MPEP 806 Requirement for Non-Distinct Inventions Not to Be Restricted MPEP 806 Prohibited Invention Distinctness Requirement MPEP 806 Permitted Where Inventions Are Related But Not Distinct, Restriction Is Never Proper MPEP 806 Other Related FAQs 5 FAQs Collapse How does 37 CFR 1.141(b) relate to restriction requirements in patent applications? What is the &#8220;ABsp/Bsp&#8221; example in MPEP 806.05(c) and how does it illustrate subcombination-combination distinctness? What happens if a combination claim is found allowable in a restriction between subcombinations? What happens when a generic claim becomes allowable in a patent application? What is the distinction between an apparatus and a product made by the apparatus?