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