What constitutes an election other than express in patent applications?

An election other than express in patent applications can occur in several ways, as outlined in MPEP 818.02. These include: Election by originally presented claims Election in cases with only generic claims or linking claims Election by optional cancellation of claims Election by cancellation of claims without an express election statement The MPEP states, “Election…

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How does election by originally presented claims work in patent applications?

Election by originally presented claims is explained in MPEP 818.02(a). The key points are: Claims added before the first restriction requirement or first Office action on the merits are considered originally presented claims. These originally presented claims, along with those filed at application, determine the elected invention. This election carries over to any request for…

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What happens if an applicant cancels claims without an express election statement?

When an applicant cancels claims without making an express election statement, MPEP 818.02(d) provides guidance: If the applicant’s reply to a restriction requirement doesn’t expressly state the elected invention, But cancels claims to all but one of the inventions, The remaining invention is deemed to be the elected invention. The MPEP states: “If applicant’s reply…

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