How are claims handled after a restriction requirement or election of species?

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.

Claims retained after a restriction requirement or election of species are treated according to specific procedures outlined in the MPEP. As stated in MPEP 707.07(i):

Claims retained after a restriction requirement (37 CFR 1.142) or election of species requirement (37 CFR 1.146) should be treated as set out in MPEP §§ 821 to 821.04(b).

This means that examiners must follow specific guidelines for handling these claims, which may involve examining some claims while holding others in abeyance. Applicants and attorneys should refer to MPEP 821 for detailed information on these procedures.