When can a species election be required prior to a search on the merits?
According to MPEP 808.01(a), a species election can be required prior to a search on the merits in two specific scenarios:
“Election of species may be required prior to a search on the merits (A) in applications containing claims to a plurality of species with no generic claims, and (B) in applications containing both species claims and generic or Markush claims.“
This means that if an application only has claims to multiple specific species without any generic claims covering all of them, or if it has a mix of specific species claims and broader generic or Markush claims, the examiner may ask the applicant to choose a single species before conducting a full search. This helps focus the initial examination and can make the search process more efficient.
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