How does the USPTO handle elections made by canceling claims?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 7 Rules 5 Related FAQs 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. The United States Patent and Trademark Office (USPTO) treats elections made by canceling claims as a valid form of election. According to MPEP 818.02(c) : “Where applicant claims two or more independent or distinct inventions and as a result of amendment to the claims, he or she cancels the claims to one or more of such inventions, leaving claims to one invention, and such claims are acted upon by the examiner, the claimed invention thus acted upon is elected.” This means that when an applicant cancels claims to all but one invention, the USPTO considers this action as an election of the remaining invention. The examiner will then proceed with the examination of the claims to the elected invention. Related Rules from the Manual of Patent Examining Procedure 7 rules Collapse Requirement for Restricting Examination of Multiple Inventions MPEP 818 Permitted Requirement for Designating One Invention to Prosecute MPEP 818 Election of Invention for Examination Required MPEP 818 Required Applicant Must Elect Invention for Examination MPEP 818 Required Election Becomes Fixed After Merits Action MPEP 818 Election Becomes Fixed After Merits Examined MPEP 818 Permitted Traverse Restriction Requirement with Specific Reasons MPEP 818 Required Other Related FAQs 5 FAQs Collapse What is the effect of canceling claims to all but one invention in a patent application? Can an applicant elect an invention by canceling claims after a restriction requirement? What constitutes an election by optional cancelation of claims? How does election by optional cancellation of claims work in patent applications? Is an explicit statement required for election when canceling claims to all but one invention?