What is the difference between species and restriction requirements?
Species and restriction requirements are related but distinct concepts in patent examination:
- Restriction requirement: Applies when an application contains claims to two or more independent or distinct inventions.
- Species requirement: A type of restriction requirement that applies when an application contains claims to two or more patentably distinct embodiments within a single invention.
According to MPEP 808.01(a), “Where restriction between species is appropriate, the examiner should send a letter including only a restriction requirement.” This indicates that a species requirement is a specific form of restriction requirement focused on distinct embodiments within a single inventive concept.
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