What is an election in patent applications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 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. An election in patent applications is the process where the applicant designates one of two or more inventions or patentably distinct species for prosecution in the application. As stated in MPEP § 818 : “Election is the designation by applicant of the one of two or more inventions or patentably distinct species, or of the group of patentably indistinct species, that will be prosecuted in the application.” This process typically occurs in response to a restriction requirement issued by the patent examiner when multiple distinct inventions are present in a single application. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Traverse Restriction Requirement with Specific Reasons MPEP 818 Required Requirement for Designating One Invention to Prosecute MPEP 818 Requirement for Restricting Examination of Multiple Inventions MPEP 818 Permitted Applicant Must Elect Invention for Examination MPEP 818 Required Election of Invention for Examination Required MPEP 818 Required Election Becomes Fixed After Merits Action MPEP 818 Election Becomes Fixed After Merits Examined MPEP 818 Permitted Information on Abandoned Patent Applications Must Be Kept Confidential Without Authorization MPEP 101 Permitted No Error, No Reissue of Patent MPEP 1402 Requirement for Error in Patent for Reissue Application MPEP 1402 Permitted Other Related FAQs 5 FAQs Collapse What are the key elements patent examiners check in amended applications? What happens if the linking claim is found allowable in a restriction requirement? Can a broad allegation of error satisfy the requirement for a complete reply to a restriction requirement? What happens if an applicant cancels claims without an express elec...