What is a genus and species invention in patent law?
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.
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