MPEP § 818.01(b) — Election is Required, Even When Requirement Is Traversed (Annotated Rules)
§818.01(b) Election is Required, Even When Requirement Is Traversed
This page consolidates and annotates all enforceable requirements under MPEP § 818.01(b), including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Election is Required, Even When Requirement Is Traversed
This section addresses Election is Required, Even When Requirement Is Traversed. Primary authority: 37 CFR 1.143. Contains: 1 requirement.
Key Rules
Restriction and Election Practice (MPEP Chapter 800)
As noted in the second sentence of 37 CFR 1.143, a provisional election must be made even if the requirement is traversed.
Citations
| Primary topic | Citation |
|---|---|
| Restriction and Election Practice (MPEP Chapter 800) | 37 CFR § 1.143 |
| – | Form Paragraph § 8.01 |
| – | Form Paragraph § 8.21 |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 818.01(b) — Election is Required, Even When Requirement Is Traversed
Source: USPTO818.01(b) Election is Required, Even When Requirement Is Traversed [R-07.2015]
As noted in the second sentence of 37 CFR 1.143, a provisional election must be made even if the requirement is traversed.
All requirements for restriction, other than those containing only an election of species, should include form paragraph 8.21. For election of species, form paragraph 8.01 or 8.02 should be used. These form paragraphs include the above notice.