Can an applicant elect an invention by canceling claims after a restriction requirement?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 8 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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. Related Rules from the Manual of Patent Examining Procedure 8 rules Collapse Election of Invention for Examination Required MPEP 818 Required Applicant Must Elect Invention for Examination MPEP 818 Required Requirement for Designating One Invention to Prosecute MPEP 818 Traverse Restriction Requirement with Specific Reasons MPEP 818 Required Requirement for Restricting Examination of Multiple Inventions MPEP 818 Permitted Election Becomes Fixed After Merits Examined MPEP 818 Permitted Election Becomes Fixed After Merits Action MPEP 818 Non-Elected Invention Failure Not Correctable by Reissue MPEP 1402 Other Related FAQs 5 FAQs Collapse What is the effect of canceling claims to all but one invention in a patent application? What constitutes an election by optional cancelation of claims? How does election by optional cancellation of claims work in patent applications? Is an explicit statement required for election when canceling claims to all but one invention? How does the USPTO handle...