What happens if an amendment cancels all claims to the elected invention in a patent application?
An amendment that cancels all claims drawn to the elected invention and presents only claims drawn to the nonelected invention is considered nonresponsive and should not be entered. MPEP 714.19 states:
“An amendment canceling all claims drawn to the elected invention and presenting only claims drawn to the nonelected invention should not be entered. Such an amendment is nonresponsive. Applicant should be notified as directed in MPEP § 714.03 and § 714.05. See MPEP § 821.03.”
This policy ensures that the examination remains focused on the elected invention. If an applicant wishes to pursue claims to a nonelected invention, they typically need to file a divisional application. When such an amendment is received, the examiner will not enter it and will notify the applicant of its nonresponsive nature. For more details on handling nonresponsive amendments, refer to MPEP § 714.03 and MPEP § 714.05.
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