What is the procedure for election of species in reissue applications?
The election of species procedure in reissue applications follows specific rules, especially when it involves original patent claims and newly added species. The MPEP 1450 provides guidance: “If (1) the non-elected claims to the added species depend from (or otherwise include all limitations of) a generic claim which embraces all species claims, and (2) the generic claim is found allowable, then the non-elected claims directed to the added species that was not subject to restriction in the original prosecution must be rejoined with the elected claims of the original patent.” This ensures that all related species claims are properly considered and included in the reissue patent when appropriate.
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