What is an election of species requirement in Markush claims?
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.
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