When does an election become fixed in a patent application?
An election becomes fixed in a patent application when the claims have received an action on their merits by the USPTO. The MPEP ยง 818 clearly states: “Election becomes fixed when the claims in an application have received an action on their merits by the Office.” This means that once the examiner has examined the…
Read MoreCan a restriction requirement be made after an action on the merits?
Yes, a restriction requirement can be made after an action on the merits, but certain conditions apply. According to MPEP 811: “Before requiring restriction of claims previously examined on the merits, the examiner must consider whether there will be a serious search and/or examination burden if restriction is not required.” This means that while it’s…
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