What should an examiner do if species cannot be conveniently identified?

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.

In cases where species cannot be conveniently identified, the examiner should take specific actions as described in MPEP 809.02(a):

“If the species cannot be conveniently identified, the examiner may request the applicant to make a proper identification. Care should be exercised to avoid misleading or confusing language in specifying the species.”

This guidance ensures that the examiner works with the applicant to clearly identify the species, facilitating a proper election and subsequent examination.