MPEP § 818.02(d) — Election By Cancelation of Claims, Lacking Express Election Statement (Annotated Rules)
This page consolidates and annotates all enforceable requirements under MPEP § 818.02(d), 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 Cancelation of Claims, Lacking Express Election Statement
This section addresses Election By Cancelation of Claims, Lacking Express Election Statement.
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(d) — Election By Cancelation of Claims, Lacking Express Election Statement
Source: USPTO818.02(d) Election By Cancelation of Claims, Lacking Express Election Statement [R-07.2015]
If applicant’s reply to a requirement for restriction does not expressly state the invention elected, but cancels claims to all but one of the inventions, the remaining invention will be deemed to be the elected invention.