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…
Read MoreHow 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…
Read MoreHow does election by optional cancellation of claims work in patent applications?
Election by optional cancellation of claims is described in MPEP 818.02(c). The key points are: When an applicant claims two or more independent or distinct inventions, If the applicant then amends the claims by canceling all but one invention, And the examiner acts on the remaining claims, The invention in the remaining claims is considered…
Read MoreCan an applicant elect an invention by canceling claims after a restriction requirement?
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 MoreWhat is the effect of canceling claims to all but one invention in a patent application?
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 MoreWhat 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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