Does filing a Request for Continued Examination (RCE) affect the determination of the elected invention?

No, filing a Request for Continued Examination (RCE) does not change the determination of the elected invention. According to MPEP 818.02(a): “The claims originally presented and acted upon by the Office on their merits determine the invention elected by an applicant in the application, and in any request for continued examination (RCE) filed for the…

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How do linking claims affect restriction requirements?

Linking claims can affect restriction requirements in patent applications, but their presence doesn’t necessarily prevent a restriction. According to MPEP 809: “Where an application includes claims to distinct inventions as well as linking claims, restriction can nevertheless be required. The linking claims must be examined with, and thus are considered part of, the invention elected.”…

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Can I cancel all claims to the elected invention and present only claims to the non-elected invention?

No, you cannot cancel all claims to the elected invention and present only claims to the non-elected invention after an election by original presentation. Such an amendment is considered non-responsive and will not be entered. The MPEP 821.03 clearly states: “An amendment canceling all claims drawn to the elected invention and presenting only claims drawn…

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What happens if an amendment cancels all claims to the elected invention in a patent application?

An amendment that cancels all claims drawn to the elected invention and presents only claims drawn to the nonelected invention is considered nonresponsive and should not be entered. MPEP 714.19 states: “An amendment canceling all claims drawn to the elected invention and presenting only claims drawn to the nonelected invention should not be entered. Such…

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