What is the cancellation of claims to nonelected invention?

The cancellation of claims to nonelected invention refers to the process of removing claims from a patent application that were not chosen for examination. This typically occurs in applications where a restriction requirement has been made, and the applicant has elected to pursue only certain claims.

According to MPEP 1302.04(c), “See MPEP § 821.01 and § 821.02.” These sections provide detailed information on the procedures for canceling nonelected claims and the circumstances under which they may be reinstated.

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Tags: Claim Cancellation, MPEP, nonelected invention, patent application, Restriction Requirement