How do I respond to an Election of Species requirement?

To respond to an Election of Species requirement, you should follow these steps:

1. Elect a single disclosed species or a single grouping of patentably indistinct species.
2. Identify the claims encompassing the elected species or grouping.
3. Optionally, include arguments traversing the requirement.

According to MPEP 809.02(a):

“Applicant is advised that the reply to this requirement to be complete must include (i) an election of a species to be examined even though the requirement may be traversed (37 CFR 1.143) and (ii) identification of the claims encompassing the elected species or grouping of patentably indistinct species, including any claims subsequently added.”

Remember, if you want to preserve your right to petition, you must make the election with traverse and present your arguments at the time of election.

To learn more:

• Election of Species
• Patent Application
• Restriction Requirement
• USPTO Procedure
• Patent Prosecution