What is a species election requirement in patent applications?
A species election requirement in patent applications is a request by the USPTO examiner for the applicant to choose a specific embodiment or sub-genus from a broader genus claimed in the application. This requirement is made when the examiner determines that the application contains claims directed to two or more patentably distinct species of an invention.
According to MPEP 808.01(a), “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.”
The purpose of a species election is to:
- Focus the examination on a specific embodiment
- Reduce the complexity and scope of the initial examination
- Allow for a more efficient and thorough search of the prior art
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