When does an election become fixed in a patent application?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 8 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 becomes fixed in a patent application when the claims have received an action on their merits by the USPTO. The MPEP § 818 clearly states: “Election becomes fixed when the claims in an application have received an action on their merits by the Office.” This means that once the examiner has examined the elected invention and provided a substantive office action addressing the merits of the claims, the applicant’s election is considered final. At this point, introducing new inventions or shifting to non-elected inventions becomes more difficult and may require filing a divisional application. Related Rules from the Manual of Patent Examining Procedure 8 rules Collapse Election Becomes Fixed After Merits Action MPEP 818 Election Becomes Fixed After Merits Examined MPEP 818 Permitted Applicant Must Elect Invention for Examination MPEP 818 Required Requirement for Designating One Invention to Prosecute MPEP 818 Requirement for Restricting Examination of Multiple Inventions MPEP 818 Permitted Election of Invention for Examination Required MPEP 818 Required Traverse Restriction Requirement with Specific Reasons MPEP 818 Required Non-Elected Invention Failure Not Correctable by Reissue MPEP 1402 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 election statement? What constitutes a complete reply to a restriction requirement?