What is the cancellation of claims to nonelected invention?

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.

The cancellation of claims to nonelected invention refers to the process of removing claims from a patent application that were not chosen for examination. This typically occurs in applications where a restriction requirement has been made, and the applicant has elected to pursue only certain claims.

According to MPEP 1302.04(c), “See MPEP § 821.01 and § 821.02.” These sections provide detailed information on the procedures for canceling nonelected claims and the circumstances under which they may be reinstated.