MPEP § 818.02(b) — Generic Claims Only — No Election of Species; Linking Claims Only – No Election of Invention (Annotated Rules)
This page consolidates and annotates all enforceable requirements under MPEP § 818.02(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.
Generic Claims Only — No Election of Species; Linking Claims Only – No Election of Invention
This section addresses Generic Claims Only — No Election of Species; Linking Claims Only – No Election of Invention.
Key Rules
Conditional Requirements (1)
Where only generic claims are first presented and prosecuted in an application in which no election of a single species of that genus or of a group of patentably indistinct species has been required, and applicant later presents species claims to two or more independent or distinct species of the invention, the examiner may require applicant to elect a single species or of a group of patentably indistinct species. The practice of requiring election of species in cases with only generic claims is discussed in MPEP § 808.01(a). Where only linking claims are first presented and prosecuted in an application in which no election of a single linked invention has been made, and applicant later presents claims to two or more linked, independent or distinct inventions, the examiner may require applicant to elect a single invention.
Permitted Actions (1)
Where only generic claims are first presented and prosecuted in an application in which no election of a single species of that genus or of a group of patentably indistinct species has been required, and applicant later presents species claims to two or more independent or distinct species of the invention, the examiner may require applicant to elect a single species or of a group of patentably indistinct species. The practice of requiring election of species in cases with only generic claims is discussed in MPEP § 808.01(a). Where only linking claims are first presented and prosecuted in an application in which no election of a single linked invention has been made, and applicant later presents claims to two or more linked, independent or distinct inventions, the examiner may require applicant to elect a single invention.
Definitions & Scope (1)
Where only generic claims are first presented and prosecuted in an application in which no election of a single species of that genus or of a group of patentably indistinct species has been required, and applicant later presents species claims to two or more independent or distinct species of the invention, the examiner may require applicant to elect a single species or of a group of patentably indistinct species. The practice of requiring election of species in cases with only generic claims is discussed in MPEP § 808.01(a). Where only linking claims are first presented and prosecuted in an application in which no election of a single linked invention has been made, and applicant later presents claims to two or more linked, independent or distinct inventions, the examiner may require applicant to elect a single invention.
Citations
| Primary topic | Citation |
|---|---|
| – | MPEP § 808.01(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.
Official MPEP § 818.02(b) — Generic Claims Only — No Election of Species; Linking Claims Only – No Election of Invention
Source: USPTO818.02(b) Generic Claims Only — No Election of Species; Linking Claims Only – No Election of Invention [R-07.2022]
Where only generic claims are first presented and prosecuted in an application in which no election of a single species of that genus or of a group of patentably indistinct species has been required, and applicant later presents species claims to two or more independent or distinct species of the invention, the examiner may require applicant to elect a single species or of a group of patentably indistinct species. The practice of requiring election of species in cases with only generic claims is discussed in MPEP § 808.01(a). Where only linking claims are first presented and prosecuted in an application in which no election of a single linked invention has been made, and applicant later presents claims to two or more linked, independent or distinct inventions, the examiner may require applicant to elect a single invention.