TwitterLinkedinSkypeRssEmail
+1.970.776.4355
BlueIron IP
  • About
  • IP-Backed Loans
  • Blog
  • All FAQs
    • Patent Loans
    • Patent Law FAQ
  • Contact
  • Schedule a Call

How does the USPTO handle elections made by canceling claims?

By russ.krajec@blueironip.com | September 27, 2024

The United States Patent and Trademark Office (USPTO) treats elections made by canceling claims as a valid form of election. According to MPEP 818.02(c): “Where applicant claims two or more independent or distinct inventions and as a result of amendment to the claims, he or she cancels the claims to one or more of such…

Read More

Is an explicit statement required for election when canceling claims to all but one invention?

By russ.krajec@blueironip.com | September 27, 2024

No, an explicit statement of election is not required when canceling claims to all but one invention. The act of canceling claims itself serves as an implicit election. MPEP 818.02(c) clarifies this: “Where applicant claims two or more independent or distinct inventions and as a result of amendment to the claims, he or she cancels…

Read More

Can an applicant elect an invention by canceling claims after a restriction requirement?

By russ.krajec@blueironip.com | September 27, 2024

Yes, an applicant can elect an invention by canceling claims after receiving a restriction requirement. This is known as an election by optional cancelation of claims. MPEP 818.02(c) states: “Where applicant claims two or more independent or distinct inventions and as a result of amendment to the claims, he or she cancels the claims to…

Read More

What is the effect of canceling claims to all but one invention in a patent application?

By russ.krajec@blueironip.com | September 27, 2024

Canceling claims to all but one invention in a patent application has the effect of electing that remaining invention for examination. According to MPEP 818.02(c): “Where applicant claims two or more independent or distinct inventions and as a result of amendment to the claims, he or she cancels the claims to one or more of…

Read More

Search

Categories

Recent Posts

  • Stolen Valor: How Sleazy Patent Attorneys Abuse Inventorship
  • Four Horsemen of the Investor Apocalypse
  • AI-Assisted Patent Search Tools Exacerbate Inventor Biases
  • Your Patent Attorney Is NOT Giving Business Advice
  • Contempt from Crowdfunded Equity
  • Entrepreneurs and Imposter Syndrome
  • AI Startups: Protect Everything EXCEPT the Patent
  • Blog
  • Contact Us
  • Disclaimer
  • Privacy Policy
  • Media Kit
BlueIron IP | 1635 Foxtrail Drive, Ste 321 | Loveland, Colorado 80538 | USA