What constitutes a complete reply to an Election of Species requirement?
A complete reply to an Election of Species requirement must include specific elements as outlined in MPEP 809.02(a): “To be complete, a reply to a requirement made according to this section should include a proper election along with a listing of all claims readable thereon, including any claims subsequently added.” Specifically, a complete reply should…
Read MoreHow long is the shortened statutory period for replying to a restriction requirement?
According to MPEP 710.02(b), the shortened statutory period for replying to a restriction requirement or election of species (with no action on the merits) is 2 months. The MPEP states: 2 MONTHS (A) Requirement for restriction or election of species only (no action on the merits) …… MPEP §§ 809.02(a) and 817. This period allows…
Read MoreHow are claims handled after a restriction requirement or election of species?
Claims retained after a restriction requirement or election of species are treated according to specific procedures outlined in the MPEP. As stated in MPEP 707.07(i): Claims retained after a restriction requirement (37 CFR 1.142) or election of species requirement (37 CFR 1.146) should be treated as set out in MPEP §§ 821 to 821.04(b). This…
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