What happens if I don’t respond to an Election of Species requirement?

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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. Failing to respond to an Election of Species requirement can have serious consequences for your patent application. According to MPEP 809.02(a) : “Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144.” This means that if you don’t respond or don’t respond properly: Your application may be considered abandoned. You may lose the right to petition against the requirement. The examiner may choose a species for examination without your input. It’s crucial to respond to the requirement within the given time frame, even if you disagree with it, to maintain your rights and keep your application active. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Election of Species Not Followed by Specific Paragraph MPEP 809.02(a) Election of Species Not Followed by Form Paragraph 8.21 MPEP 809.02(a) Requirement for Election of Species Where Only Generic Claims Are Presented MPEP 809.02(a) Recommended No Election of Specific Species Required When Grouped MPEP 809.02(a) Required Requirement for Linking Claims to Divisible Inventions MPEP 809 Linking Claims Prevent Restriction Between Divisible Inventions MPEP 809 Permitted Requirement for Distinct Inventions and Linking Claims MPEP 809 Required Allowable Linking Claim Requires Rejoined Nonelected Claims MPEP 809 Required Allowable Linking Claim Requires Withdrawal of Restriction MPEP 809 Required Nonelected Inventions Must Be Rejoined MPEP 809 Required Other Related FAQs 5 FAQs Collapse What constitutes a complete reply to an Election of Species requirement? What is an Election of Species requirement in patent applications? What should an examiner do if species cannot be convenien...