What is an election by original presentation in patent applications?
Election by original presentation occurs when, after receiving an action on the merits for one invention, an applicant subsequently presents additional inventions for examination. In such cases, the examiner may consider the initially examined invention as the one elected by original presentation. The MPEP § 818 explains: “If, after receiving an action on the merits…
Read MoreAre there any additional Chapter II fees beyond the preliminary examination and handling fees?
Generally, there are no additional Chapter II fees beyond the preliminary examination fee and the handling fee. However, there is one exception: An additional preliminary examination fee may be required if additional inventions are determined to be present in the application. As stated in the MPEP: “Since supplements to the handling fee were deleted, no…
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