What options does an applicant have for non-elected claims when the application is in condition for allowance?

When an application with non-elected claims is in condition for allowance, the applicant has several options:

1. The examiner may contact the applicant to advise them of their options regarding pending withdrawn claims.
2. The examiner may use Form Paragraph 8.03 to notify the applicant, which gives them two months to:
• Cancel the non-elected claims
• Take other appropriate action (e.g., petition under 37 CFR 1.144)

The MPEP states: “When the application is otherwise in condition for allowance, the examiner should contact applicant and advise him or her of his or her options with regard to any pending claims withdrawn from consideration. Alternatively, applicant may be notified using form paragraph 8.03.” (MPEP 821.01)

If no action is taken, the examiner may cancel the non-elected claims by Examiner’s Amendment and pass the case to issue.

To learn more:

• non-elected claims
• allowance
• patent application
• withdrawn claims