What is an Election of Species requirement in patent applications?
An Election of Species requirement is a type of restriction requirement in patent applications where the examiner asks the applicant to choose a single species or a single grouping of patentably indistinct species for examination. This is done when the application contains claims directed to multiple patentably distinct species.
According to MPEP 809.02(a), “Where restriction between species is appropriate (see MPEP § 808.01(a)) the examiner should send a letter including only a restriction requirement or place a telephone requirement to restrict (the latter being encouraged).”
The purpose of this requirement is to streamline the examination process and reduce the search and examination burden on the patent office.
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