How does the cancellation of claims to nonelected invention affect patent rights?
The cancellation of claims to nonelected invention can significantly affect patent rights by limiting the scope of protection granted by the patent. When claims are cancelled, they are no longer part of the patent application and, if the patent is granted, will not be included in the final patent.
While MPEP 1302.04(c) doesn’t directly address this impact, it refers to “MPEP § 821.01 and § 821.02” for more detailed information. These sections discuss the procedures and implications of claim cancellation, including potential strategies for preserving rights to cancelled subject matter through divisional applications or petitions for rejoinder.
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