What are the requirements for an election of species in a patent application?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 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. The requirements for an election of species in a patent application are outlined in MPEP 809.02 . The key points are: The examiner must identify the species and/or grouping of patentably indistinct species. A clear identification of the claims encompassing each species or grouping must be provided. The applicant is required to elect a single species to which the claims shall be restricted if no generic claim is finally held to be allowable. The applicant must indicate which claims read on the elected species. As stated in the MPEP: “The species are preferably identified as the species of figures 1, 2, and 3 or the species of examples I, II, and III, respectively.” This helps ensure clarity in the election process. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Election of Patentably Indistinct Species Not Required MPEP 809.02 Required Requirement for Selecting Patentably Indistinct Species MPEP 809.02 Permitted Requirement for Identifying Patentably Indistinct Species MPEP 809.02 Permitted Requirement for Identifying Patentably Indistinct Species MPEP 809.02 Election of Single Species Required Under 35 U.S.C. 121 MPEP 809.02 Required Election of Species Not Followed by Specific Paragraph MPEP 809.02 Election of Species Not Followed by Form Paragraph 8.21 MPEP 809.02 Requirement for Election of Species Where Only Generic Claims Are Presented MPEP 809.02 Recommended Claims Must Be Restricted to Disclosed Species MPEP 809.02 Requirement for Selecting Patentably Distinct Species MPEP 809.02 Other Related FAQs 5 FAQs Collapse What happens if an applicant fails to elect a species in response to a requirement? How does the examiner determine if species are patentably ...