When might a provisional election of a single species be required in patent applications?

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.

A provisional election of a single species may be required in certain patent applications, particularly when dealing with generic claims. According to MPEP 806.01:

“However, a provisional election of a single species may be required where only generic claims are presented and the generic claims recite or encompass such a multiplicity of species that an unduly extensive and burdensome search is necessary.”

This means that if an application contains only generic claims that cover a wide range of species, and searching all these species would be excessively burdensome, the examiner may require the applicant to provisionally elect a single species for initial examination.