MPEP § 818.02(a) — Election By Originally Presented Claims (Annotated Rules)
This page consolidates and annotates all enforceable requirements under MPEP § 818.02(a), 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 By Originally Presented Claims
This section addresses Election By Originally Presented Claims.
Key Rules
Mandatory Requirements (1)
The claims originally presented and acted upon by the Office on their merits determine the invention elected by an applicant in the application, and in any request for continued examination (RCE) filed for the application. Subsequently presented claims to an invention other than that acted upon should be treated as provided in MPEP § 821.03.
Definitions & Scope (1)
The claims originally presented and acted upon by the Office on their merits determine the invention elected by an applicant in the application, and in any request for continued examination (RCE) filed for the application. Subsequently presented claims to an invention other than that acted upon should be treated as provided in MPEP § 821.03.
Citations
| Primary topic | Citation |
|---|---|
| – | MPEP § 821.03 |
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 § 818.02(a) — Election By Originally Presented Claims
Source: USPTO818.02(a) Election By Originally Presented Claims [R-07.2015]
Where claims to another invention are properly added and entered in the application before the earlier of the mailing of a first restriction requirement or the mailing of a first Office action on the merits, those claims, along with the ones presented upon filing the application, will be considered originally presented claims for purposes of restriction only.
The claims originally presented and acted upon by the Office on their merits determine the invention elected by an applicant in the application, and in any request for continued examination (RCE) filed for the application. Subsequently presented claims to an invention other than that acted upon should be treated as provided in MPEP § 821.03.
For reissue practice, see MPEP Chapter 1400.