37 CFR 1.146: Election of species

Taken from the Ninth Edition of the MPEP, Revision 08.2017, Last Revised in January 2018

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1.146    Election of species.

In the first action on an application containing a generic claim to a generic invention (genus) and claims to more than one patentably distinct species embraced thereby, the examiner may require the applicant in the reply to that action to elect a species of his or her invention to which his or her claim will be restricted if no claim to the genus is found to be allowable. However, if such application contains claims directed to more than a reasonable number of species, the examiner may require restriction of the claims to not more than a reasonable number of species before taking further action in the application.

[43 FR 20465, May 11, 1978; revised, 62 FR 53132, Oct. 10, 1997, effective Dec. 1, 1997]