How does the examiner determine if a Markush claim is allowable?
How does the examiner determine if a Markush claim is allowable? To determine if a Markush claim is allowable, the examiner follows these steps: Examines the elected species for patentability If the elected species is not allowable, rejects the Markush claim If the elected species is allowable, examines the Markush claim for full scope of…
Read MoreWhat happens if an applicant fails to elect a species in response to a requirement?
If an applicant fails to elect a species in response to a requirement, the examiner may take specific actions as outlined in MPEP 809.02: “If no allowable generic claim is finally held to be allowable, the practice following election by applicant should be followed. If applicant does not make an election of species, the examiner…
Read MoreCan a patent application be abandoned due to an insufficient reply to a restriction requirement?
Can a patent application be abandoned due to an insufficient reply to a restriction requirement? Yes, a patent application can be abandoned if the applicant provides an insufficient reply to a restriction requirement. The MPEP 711.02(a) states: “Failure to elect species, in response to a restriction requirement, may also result in abandonment.” This means that…
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