What is a species restriction in patent applications?
A species restriction in patent applications is a requirement for an applicant to elect a single disclosed species when there are multiple species claimed. According to MPEP 808.01(a), “Where there is no disclosure of a relationship between species (see MPEP § 806.04(b)), they are independent inventions. A requirement for restriction is permissible if there is a patentable difference between the species as claimed and there would be a serious search and/or examination burden on the examiner if restriction is not required.“
In other words, a species restriction is imposed when different species of an invention are claimed, and examining all of them would place an undue burden on the patent examiner.
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