What is the impact of a species restriction on patent prosecution?
A species restriction in patent prosecution can significantly impact the examination process and the scope of patent protection. The MPEP 806.04 outlines the following effects:
- The applicant must elect a single species for initial examination.
- Non-elected species are withdrawn from consideration.
- If a generic claim is later found allowable, withdrawn species claims may be rejoined.
The restriction can lead to a more focused examination on the elected species, potentially resulting in faster prosecution. However, it may also require the filing of divisional applications to pursue protection for non-elected species, which can increase costs and complexity for the applicant.
To learn more: