Go to MPEP - Table of Contents
818.02(b) Generic Claims Only - No Election of Species - 800 Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting
818.02(b) Generic Claims Only - No Election of Species
Where only generic claims are first presented and prosecuted in an application in which no election of a single invention has been made, and applicant later presents species claims to more than one species of the invention, he or she must at that time indicate an election of a single species. The practice of requiring election of species in cases with only generic claims of the unduly extensive and burdensome search type is set forth in MPEP ยง 808.01(a).
Go to MPEP - Table of Contents