What constitutes a complete reply to an Election of Species requirement?

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.

A complete reply to an Election of Species requirement must include specific elements as outlined in MPEP 809.02(a):

“To be complete, a reply to a requirement made according to this section should include a proper election along with a listing of all claims readable thereon, including any claims subsequently added.”

Specifically, a complete reply should include:

1. An election of a single disclosed species or a grouping of patentably indistinct species.
2. Identification of all claims readable on the elected species, including any subsequently added claims.
3. If traversing, clear arguments pointing out supposed errors in the requirement.

Remember, an argument that a claim is allowable or that all claims are generic is considered nonresponsive unless accompanied by an election. Ensuring your reply is complete helps avoid potential delays or issues in the examination process.