What is an election in patent applications?

An election in patent applications is the process where the applicant designates one of two or more inventions or patentably distinct species for prosecution in the application. As stated in MPEP § 818:

“Election is the designation by applicant of the one of two or more inventions or patentably distinct species, or of the group of patentably indistinct species, that will be prosecuted in the application.”

This process typically occurs in response to a restriction requirement issued by the patent examiner when multiple distinct inventions are present in a single application.

To learn more:

• election
• restriction requirement
• patent application
• distinct inventions