How does an examiner determine if species are independent or distinct for an election requirement?

An examiner determines if species are independent or distinct for an election requirement based on specific criteria outlined in the MPEP 809.02. The MPEP states: “In making a requirement for restriction in an application which contains claims to a genus or subgenus and more than one patentably distinct species, the examiner should not require restriction…

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When is an applicant required to elect a single species?

An applicant is required to elect a single species in several scenarios according to MPEP 808.01(a): When a requirement for restriction between either independent or distinct species is made In applications containing claims to a plurality of species with no generic claims In applications containing both species claims and generic or Markush claims The MPEP…

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