When does cancellation of claims to nonelected invention occur?
Cancellation of claims to nonelected invention typically occurs after a restriction requirement has been made by the patent examiner and the applicant has elected to pursue only certain claims. This process is part of the patent examination procedure and is outlined in the Manual of Patent Examining Procedure (MPEP).
The MPEP 1302.04(c) directs readers to “See MPEP § 821.01 and § 821.02” for specific details on when and how this cancellation occurs. These sections provide guidance on the timing and circumstances of claim cancellation in the context of restriction requirements and elections.
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