What is an election by original presentation in patent applications?
Election by original presentation occurs when, after receiving an action on the merits for one invention, an applicant subsequently presents additional inventions for examination. In such cases, the examiner may consider the initially examined invention as the one elected by original presentation. The MPEP § 818 explains:
“If, after receiving an action on the merits of an invention, one or more properly divisible additional inventions are subsequently presented for examination, the examiner may deem the examined invention to be the invention elected by original presentation.”
This provision allows examiners to maintain the scope of examination when applicants introduce new inventions after substantive examination has begun. For more details on this concept, refer to MPEP § 818.02(a).
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