What is a provisional election of species in patent applications?

A provisional election of species in patent applications is a temporary selection made by the applicant in response to a requirement for restriction. The MPEP 809.02(a) explains:

“If, on examination, the examiner finds the elected species unpatentable, he or she should reject and require amendment to the generic claim and include all the patentable species with the rejection of the generic claim.”

Key points about provisional elections:

  • They allow examination to proceed on a specific species
  • The election is considered provisional until the claims are in condition for allowance
  • If the elected species is found unpatentable, the examiner may examine other species
  • The applicant retains the right to pursue other species in divisional applications

To learn more:

Tags: mpep 809.02, provisional election, Species Election