MPEP § 818.02 — Election Other Than Express (Annotated Rules)

This page consolidates and annotates all enforceable requirements under MPEP § 818.02, 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 Other Than Express

This section addresses Election Other Than Express. Primary authority: 37 CFR 818.02(d).

Key Rules

Permitted Actions (1)

MPEP GuidancePermittedAlways
[mpep-818-02-4ced00ef56166567eb951fb9]
Election Not Necessarily By Explicit Identification
Note:
An election can be made in ways other than explicitly identifying the elected invention or responding to specific requirements.

Election may be made in ways other than by explicitly or expressly identifying the elected invention or in reply to a requirement as set forth in MPEP § 818.02(a) and § 818.02(d).

Citations

Primary topicCitation
37 CFR § 818.02(d)
MPEP § 818.02(a)

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.

BlueIron Last Updated: 2025-12-31