Is an explicit statement required for election when canceling claims to all but one invention?

No, an explicit statement of election is not required when canceling claims to all but one invention. The act of canceling claims itself serves as an implicit election. MPEP 818.02(c) clarifies this:

“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 the mere act of canceling claims to all but one invention is sufficient for the USPTO to consider that remaining invention as elected. No additional statement or declaration of election is necessary.

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Tags: claim cancelation, election statement, implicit election, patent procedure