What is the difference between species and embodiments in patent rejections?

In patent rejections, species typically refer to members of a claimed genus, while embodiments are different versions or implementations of a single claimed invention. This distinction is important when overcoming rejections. As stated in MPEP 715.03:

“References or activities which disclose one or more embodiments of a single claimed invention, as opposed to species of a claimed genus, can be overcome by filing a 37 CFR 1.131(a) affidavit showing prior completion of a single embodiment of the invention, whether it is the same or a different embodiment from that disclosed in the reference or activity.”

This means that for embodiments, showing prior completion of any single embodiment may be sufficient to overcome the rejection, while for species, the requirements may be more stringent, especially in unpredictable fields.

To learn more:

• species
• embodiments
• patent rejections
• 37 CFR 1.131(a)

To learn more:

• 37 CFR 1.131(a)