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