Statutes, codes, and regulations
Code of Federal Regulations
Title 37 - PATENTS, TRADEMARKS, AND COPYRIGHTSChapter I - UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCESubchapter A - GENERALPart 1 - RULES OF PRACTICE IN PATENT CASESSubpart B - NATIONAL PROCESSING PROVISIONS
JOINDER OF INVENTIONS IN ONE APPLICATION; RESTRICTION
Section 1.146 - Election of species

37 C.F.R. § 1.146

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Current through September 30, 2024
Section 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.

37 C.F.R. §1.146

62 FR 53195, Oct. 10, 1997

Part 2 is placed in the separate grouping of parts pertaining to trademarks regulations.

Part 6 is placed in the separate grouping of parts pertaining to trademarks regulations.

Part 7 is placed in the separate grouping of parts pertaining to trademarks regulations.

Part 1 is placed in the separate grouping of parts pertaining to patents regulations.

Part 3 pertaining to both patents and trademarks is placed in the grouping pertaining to patents regulations.

Part 4 is placed in the separate grouping of parts pertaining to patents regulations.

Part 5 is placed in the separate grouping of parts pertaining to patents regulations.