How should an examiner present an Election of Species requirement?

When presenting an Election of Species requirement, an examiner should follow specific guidelines outlined in the MPEP 809.02. The key steps include:

1. Identify generic claims or indicate that no generic claims are present
2. Clearly identify each of the disclosed species
3. Provide reasons why the species are independent or distinct
4. Require the applicant to elect a single disclosed species under 35 U.S.C. 121
5. Advise the applicant about the requirements for a complete reply and their rights under 37 CFR 1.141

The MPEP provides specific form paragraphs for examiners to use, such as ¶ 8.01 for cases with species claims present and ¶ 8.02 for cases with no species claims present. These paragraphs include important information like:

• Explanation of why the species are independent or distinct
• Information about search and/or examination burden
• Instructions for the applicant’s reply
• Guidance on traversing the requirement

For example, the form paragraph states: “Applicant is required under 35 U.S.C. 121 to elect a single disclosed species, or a single grouping of patentably indistinct species, for prosecution on the merits to which the claims shall be restricted if no generic claim is finally held to be allowable.“

To learn more:

• Patent Examination
• USPTO Procedure
• Species Restriction
• Office Action