What is a “generic claim” in patent applications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 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. A generic claim in patent applications is a claim that encompasses a broad group of inventions or species. According to MPEP 806.04 : “A generic claim should comprehend the subject matter of possible species claims, and is necessarily broader in scope than the species claims.” Generic claims are important because they provide broader protection for an invention, covering multiple specific implementations or variations within a single claim. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Additional Species Claims Permitted When Generic Allowed MPEP 806.04(h) Permitted Claims Must Include One or More Species MPEP 806.04 Allowable Claim Must Cover Reasonable Number of Species MPEP 806 Requirement for Non-Distinct Inventions Not to Be Restricted MPEP 806 Prohibited Requirement for Distinct Inventions MPEP 806 Invention Distinctness Requirement MPEP 806 Permitted Restriction to One Independent Invention Is Proper MPEP 806 Invention Distinctness Requirement MPEP 806 Permitted Where Inventions Are Related But Not Distinct, Restriction Is Never Proper MPEP 806 Reasonable Number of Species May Be Claimed When Generic Claim Is Allowed MPEP 806 Permitted Other Related FAQs 5 FAQs Collapse What is the relationship between genus and species in patent claims? What is the impact of a species restriction on patent prosecution? How does the USPTO determine if species are patentably distinct? How does the USPTO handle applications with genus and species claims? How does the USPTO handle species claims when a generic claim is allowed?