What happens if I don’t respond to an Election of Species requirement?
Failing to respond to an Election of Species requirement can have serious consequences for your patent application. According to MPEP 809.02(a):
“Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144.”
This means that if you don’t respond or don’t respond properly:
- Your application may be considered abandoned.
- You may lose the right to petition against the requirement.
- The examiner may choose a species for examination without your input.
It’s crucial to respond to the requirement within the given time frame, even if you disagree with it, to maintain your rights and keep your application active.
To learn more: