What is the purpose of grouping unpatentable species in a restriction requirement?
The purpose of grouping unpatentable species in a restriction requirement is to streamline the examination process and focus on potentially allowable subject matter. The MPEP 808.01(a) provides guidance on this practice:
“In making a requirement for restriction in an application claiming plural species, the examiner should group together species considered clearly unpatentable over each other.”
This grouping serves several purposes:
- Efficiency: It allows the examiner to address similar unpatentable species together, saving time and resources.
- Clarity: It helps applicants understand which species are considered similar in terms of patentability.
- Focus: By grouping unpatentable species, the examiner can more easily identify and focus on potentially allowable species.
- Prosecution strategy: It allows applicants to make informed decisions about which species to pursue further.
By grouping unpatentable species, the examination process becomes more focused and efficient, benefiting both the USPTO and patent applicants.
To learn more: