Can 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 one or more of such inventions, leaving claims to one invention, and such claims are acted upon by the examiner, the claimed invention thus acted upon is elected.”
This means that after receiving a restriction requirement, an applicant can respond by amending the claims to cancel those related to non-elected inventions, effectively electing the remaining invention for examination.
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