What are the requirements for an election of species in a patent application?
The requirements for an election of species in a patent application are outlined in MPEP 809.02. The key points are:
- The examiner must identify the species and/or grouping of patentably indistinct species.
- A clear identification of the claims encompassing each species or grouping must be provided.
- The applicant is required to elect a single species to which the claims shall be restricted if no generic claim is finally held to be allowable.
- The applicant must indicate which claims read on the elected species.
As stated in the MPEP: “The species are preferably identified as the species of figures 1, 2, and 3 or the species of examples I, II, and III, respectively.” This helps ensure clarity in the election process.
To learn more: