Can an applicant shift to claim another invention after an election is made?
Generally, the Office does not permit applicants to shift to claim another invention after an election is made and an Office action on the merits is issued for the elected invention. The MPEP 819 states:
“The general policy of the Office is that applicants are not permitted to shift to claim another invention after an election is made and an Office action on the merits is made on the elected invention.”
This policy ensures consistency and fairness in the examination process. However, the examiner may permit a shift in certain circumstances, particularly if it reduces work or simplifies issues without causing additional burden.
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