What is an election of species requirement in Markush claims?

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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. An election of species requirement is a type of restriction requirement that an examiner may impose when examining a Markush claim. According to MPEP 803.02 : “In applications containing a Markush claim that encompasses at least two independent or distinct inventions, the examiner may require a provisional election of a single species (or grouping of patentably indistinct species) prior to examination on the merits.” This requirement is made to initially focus the examination on a specific species or group of patentably indistinct species within the broader Markush claim. The election serves as a starting point for the search and examination of the claim. However, if the members of a proper Markush group are sufficiently few in number or closely related, the examiner must examine all members without requiring an election. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Examiner Must Examine All Markush Claim Members MPEP 803.02 Examiner Must Examine All Markush Group Members MPEP 803.02 Required Examiner May Require Provisional Election of Patentably Indistinct Species MPEP 803.02 Permitted Provisional Election of Species Requirement Separate from First Office Action on Merits Must Not Include Rejection Based on Improper Markush Grouping MPEP 803.02 Required Examiner Must Examine All Proper Markush Groupings MPEP 803.02 Recommended Provisional Election of Species for Markush Claims MPEP 803.02 Permitted Proper Markush Grouping of Species A, B, or C Must Be Elected MPEP 803.02 Proper Markush Group Requires Election of Species MPEP 803.02 Permitted Requirement for Provisional Election of Species MPEP 803.02 Provisional Election of Species A Required MPEP 803.02 Ot...