What is the restriction practice for related species in patent applications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs 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. The restriction practice for related species in patent applications involves a more complex analysis. According to MPEP 806.04(b) : “Where inventions as disclosed and claimed are both (A) species under a claimed genus and (B) related, then the question of restriction must be determined by both the practice applicable to election of species and the practice applicable to other types of restrictions such as those covered in MPEP § 806.05 – § 806.05(j).” This means that for related species, patent examiners must consider both the rules for species election and other restriction practices. The MPEP further states that “If restriction is improper under either practice, it should not be required.” This ensures that related species are not improperly separated during examination. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Restriction Practice for Species and Combinations MPEP 806.04(b) Required Restriction for Related Species Under Claimed Genus MPEP 806.04(b) Required Species Under Claimed Genus Are Independent Inventions MPEP 806.04(b) Species Must Be Independent or Related Under Disclosure MPEP 806.04(b) Permitted Where Inventions Are Related But Not Distinct, Restriction Is Never Proper MPEP 806 Species Must Be Independent or Related Inventions MPEP 806.04(b) Permitted Improper Restriction Not Required MPEP 806.04(b) Required Reasonable Number of Species May Be Claimed When Generic Claim Is Allowed MPEP 806 Permitted Requirement for Distinct Inventions MPEP 806 Invention Distinctness Requirement MPEP 806 Permitted Other Related FAQs 5 FAQs Collapse How are independent species determined in patent applications? How are intermediate and final product species han...