What happens if the applicant fails to cancel claims to non-elected inventions after a final requirement for restriction?

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.

If the applicant fails to cancel claims to non-elected inventions after a final requirement for restriction, the examiner will take specific actions as outlined in the Manual of Patent Examining Procedure (MPEP):

• The examiner will cancel the non-elected claims in the next Office action.
• The cancellation will be carried out under the examiner’s authority provided by 37 CFR 1.142(b).

As stated in MPEP 821.01: “If applicant has not canceled the nonelected claims or taken other appropriate action (37 CFR 1.144) after the conclusion of the prosecution as defined in 37 CFR 1.114(b) (see MPEP § 821.01), the examiner will cancel the nonelected claims in the next Office action and authorize transfer of the application to issue.”