When is an applicant required to elect a single species?

An applicant is required to elect a single species in several scenarios according to MPEP 808.01(a):

• When a requirement for restriction between either independent or distinct species is made
• In applications containing claims to a plurality of species with no generic claims
• In applications containing both species claims and generic or Markush claims

The MPEP states: “When a requirement for restriction between either independent or distinct species is made, applicant must elect a single disclosed species even if applicant disagrees with the examiner’s restriction requirement.” This election is necessary to focus the examination on a specific embodiment of the invention.

To learn more:

• species election
• patent application
• MPEP 808.01(a)
• restriction requirement
• independent species
• distinct species