Legal Definitions - species claim

A species claim refers to a specific type of claim found within a patent application or an issued patent. While a patent often includes broader claims that define the general scope of an invention (sometimes called "genus claims"), a species claim focuses on a particular, distinct embodiment, variation, or specific example of that broader invention.

Think of it like this: if the general invention is a category (the "genus"), a species claim describes one specific item or version within that category (the "species"). These claims provide detailed descriptions of particular ways the invention can be made or used, offering protection for those specific implementations.

• Example 1: A New Type of Bicycle Suspension System

  Imagine an inventor develops a novel bicycle suspension system. A broad "genus claim" might cover "a bicycle suspension system comprising a spring and a damper positioned between the frame and the wheel." A species claim, however, would then detail a specific configuration, such as "a bicycle suspension system wherein the spring is a coil spring and the damper is a hydraulic damper, with both components mounted coaxially within the seat tube." This species claim describes a particular, detailed embodiment of the general concept.

• Example 2: A Novel Food Preservation Method

  Consider a patent for a new method of preserving fruit. A general "genus claim" might state "a method for extending the shelf life of fresh fruit by applying a protective edible coating." A species claim would then specify a particular formulation or application, for instance, "a method for extending the shelf life of fresh fruit, wherein the protective edible coating comprises chitosan derived from shrimp shells, mixed with a specific concentration of ascorbic acid, and applied as a spray." This claim details a precise way to implement the broader preservation concept.

• Example 3: A Unique Software Algorithm for Data Encryption

  Suppose a company patents a new data encryption algorithm. A broad "genus claim" might cover "a method for encrypting digital data using a symmetric-key cryptographic algorithm." A species claim would then describe a specific version or implementation, such as "a method for encrypting digital data wherein the symmetric-key cryptographic algorithm employs a 256-bit Advanced Encryption Standard (AES) key, combined with a unique block cipher mode that dynamically shuffles data blocks based on a pseudo-random number generator seeded by the current system time." This species claim outlines a very specific, detailed approach within the general category of symmetric-key encryption.