What should applicants do when faced with a species restriction requirement?

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.

When faced with a species restriction requirement, applicants should take the following steps:

1. Review the requirement: Carefully review the examiner’s reasons for the restriction and ensure it meets the criteria outlined in MPEP 808.01(a).
2. Elect a single species: As stated in the MPEP, “When a requirement for restriction between either independent or distinct species is made, applicant must elect a single disclosed species even if applicant disagrees with the examiner’s restriction requirement.”
3. Consider traversing: If you believe the restriction is improper, you can traverse the requirement while still making an election.
4. Identify generic claims: Identify any generic claims that encompass the elected species.
5. Prepare for examination: Be prepared to argue for the examination of additional species if the elected species is found allowable.

Remember, as per MPEP 808.01(a), “In all applications where a generic claim is found allowable, the application should be treated as indicated in MPEP § 809 and § 821.04(a).” This means that if a generic claim is allowed, you may be entitled to examination of additional species.