What is a generic claim in the context of an Election of Species requirement?

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 the context of an Election of Species requirement, a generic claim is a claim that is broad enough to cover more than one species within a genus. The MPEP 809.02(a) instructs examiners to:

“Identify generic claims or indicate that no generic claims are present.”

Generic claims are important because:

• They determine the scope of species that can be examined together.
• If a generic claim is found allowable, the applicant may be entitled to consideration of claims to additional species.
• The presence of a generic claim can affect the strategy for responding to the requirement.

For a more detailed definition of a generic claim, refer to MPEP 806.04(d). Understanding generic claims is crucial for both examiners in making requirements and applicants in responding to them.