What is the difference between generic claims and linking claims in patent applications?
Generic claims and linking claims serve different purposes in patent applications:
- Generic claims cover a broad category or genus of inventions, encompassing multiple species within that genus.
- Linking claims connect two or more otherwise independent or distinct inventions.
MPEP 818.02(b) addresses both types of claims:
“Where only generic claims are first presented and prosecuted in an application… [and] Where only linking claims are first presented and prosecuted in an application…”
The examination process differs for each type. For generic claims, the examiner may require election of a species if species claims are later introduced. For linking claims, the examiner may require election of a single invention if claims to multiple linked inventions are later presented.
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