How does election by optional cancellation of claims work in patent applications?

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.

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 elected.

The MPEP 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 by voluntarily canceling claims to certain inventions, the applicant effectively elects the remaining invention without needing to make an express election statement.