What is an election by original presentation in patent applications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 9 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. Election by original presentation occurs when, after receiving an action on the merits for one invention, an applicant subsequently presents additional inventions for examination. In such cases, the examiner may consider the initially examined invention as the one elected by original presentation. The MPEP § 818 explains: “If, after receiving an action on the merits of an invention, one or more properly divisible additional inventions are subsequently presented for examination, the examiner may deem the examined invention to be the invention elected by original presentation.” This provision allows examiners to maintain the scope of examination when applicants introduce new inventions after substantive examination has begun. For more details on this concept, refer to MPEP § 818.02(a) . Related Rules from the Manual of Patent Examining Procedure 9 rules Collapse Requirement for Designating One Invention to Prosecute MPEP 818 Applicant Must Elect Invention for Examination MPEP 818 Required Election of Invention for Examination Required MPEP 818 Required Election Becomes Fixed After Merits Examined MPEP 818 Permitted Election Becomes Fixed After Merits Action MPEP 818 Requirement for Restricting Examination of Multiple Inventions MPEP 818 Permitted Traverse Restriction Requirement with Specific Reasons MPEP 818 Required Information on Abandoned Patent Applications Must Be Kept Confidential Without Authorization MPEP 101 Permitted Requirement for Error in Patent for Reissue Application MPEP 1402 Permitted 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...