What is a genus and species invention 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, a genus invention refers to a broader category or group of inventions, while species inventions are specific embodiments or variations within that genus. The Manual of Patent Examining Procedure (MPEP) 806.04 states: “ Where an application includes claims directed to different embodiments or species that could fall within the scope of a generic claim, restriction between the species may be proper if the species are independent or distinct. “ This concept is important in patent examination and prosecution, as it affects how claims are analyzed and potentially restricted during the examination process. Related Rules from the Manual of Patent Examining Procedure 8 rules Collapse 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 Invention Distinctness Requirement MPEP 806 Permitted Restriction to One Independent Invention Is Proper MPEP 806 Allowable Claim Must Cover Reasonable Number of Species MPEP 806 Requirement for Distinct Inventions MPEP 806 Requirement for Non-Distinct Inventions Not to Be Restricted MPEP 806 Prohibited Invention Distinctness Requirement MPEP 806 Permitted 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...