What happens if the applicant fails to cancel claims to non-elected inventions after a final requirement for restriction?

If the applicant fails to cancel claims to non-elected inventions after a final requirement for restriction, the examiner will take specific actions as outlined in the Manual of Patent Examining Procedure (MPEP):

• The examiner will cancel the non-elected claims in the next Office action.
• The cancellation will be carried out under the examiner’s authority provided by 37 CFR 1.142(b).

As stated in MPEP 821.01: “If applicant has not canceled the nonelected claims or taken other appropriate action (37 CFR 1.144) after the conclusion of the prosecution as defined in 37 CFR 1.114(b) (see MPEP § 821.01), the examiner will cancel the nonelected claims in the next Office action and authorize transfer of the application to issue.”

To learn more:

• restriction requirement
• non-elected claims
• examiner action
• patent application