What is the rationale behind writing the term inventions, species, or groups, while raising a restriction requirement. How these three nomenclatures (invention, group, and species) are different and what is the basis for using these three by the Examiners?
1 Answer
Most of the jurisdiction adopt one invention one patent system to improve the prosecution of the patent application and must relate to a single general inventive concept.
How these three nomenclatures (invention, group, and species) are different and what is the basis for using these three by the Examiners?
For Eg: There is pharma patent application which contains
- Formulation
- Dosage,
- Method of treatment etc.,
these are all different inventions and don't satisfy relate to a single general inventive concept a restriction requirement of which invention to be examined.
in the above example when election of 1.Formulation patent there are two groups in the same
- Formulation composition
- Method of manufacture both are different and not relate to a single general inventive concept this would invite a restriction for the group of the same invention which is to be examined.
in the above scenario when a election is made for 1.formulation composition which consists of mixture of sugars, solvents, buffers etc., then the restriction would be asked for the species as sugars can be reducing/ non reducing , solvents can be aqueous/Non-Aqueous.
Such restriction are given as long as examiner is satisfied that the claims relate to a single general inventive concept.
