What is the relationship between genus and species in patent claims?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

In patent claims, the relationship between genus and species is hierarchical, with genus representing a broader category and species being more specific examples within that category. The MPEP 806.04 states:

“Where an application includes claims to different species, the claims may be limited to a single disclosed embodiment (i.e., a single species, and thus be designated a specific species claim), or may be generic to a plurality of disclosed embodiments (i.e., a generic or genus claim).”

This relationship is crucial in patent law as it affects the scope of protection and the examination process. A genus claim provides broader coverage, while species claims offer more specific protection for particular embodiments of the invention.