What are the two types of species according to MPEP 806.04(b)?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27
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 806.04(b), there are two types of species:
- Independent species: Species that are not connected in design, operation, or effect.
- Related species: Species that are connected in design, operation, or effect.
The MPEP states: “Species may be either independent or related as disclosed (see MPEP § 806.04 and § 806.04(b)) under the particular disclosure of the application.” This distinction is crucial for understanding how to handle different types of species claims in patent applications.