|
|
species election and objection for reciting non-elected object matter
Posted by Anonymous . updated on 2/26/2009
I had a restriction requirement that required me to elect a species for examination. I have now had a first office action on the merits. In my response to the OA, if I think I have overcome any rejections and claims should be allowed, can I request that the Examiner extend the search to other species or do I have to cancel the non-elected subject matter from the claims as requested by the Examiner? Any thoughts on how to proceed?
Answers (1)
| |
|
JD
|
Depends. If you believe that one of the claims that is allowable based on your response is generic, any claim that depends from that generic claim should be rejoined and be allowable over the art (there may be 112, 1st and/or 2nd issues however).
If you had to amend a claim, or claims, so that they only read on the elected species, in all likelihood your dependent claims that recite mutually exclusive species cannot be rejoined, or even be amended to be rejoinable, and you may have to file a divisional to pursue those.
|
|
Related Questions
 |
I was reading an article about a discovery made by a professor. While reading it, I came up with an application of the discovery that could be very successful. What are the approaches that I can use to get m... Read More |
|
This is to clarify a question that I asked earlier. I was reading an article about an invention made by a professor. While reading it, I came up with an application of the invention that could be very succes... Read More |
|
re: patenting an application Given that a technology has become protected under patent, and other, law, can an application of that technology be patented by someone other than the owner of the original techn... Read More |
|
sir, i am a docter,i have done( bams),and now i want to make a helicopter;with the help of some part of motorbike,so is any law which can stop me to do particular work.and 2nd thing i am not using any one''s... Read More |
|
what forms do i need to file a patent Read More |
|
Previous question: page >>
Next question: Is my claim >>
- Patent Express is the fastest and easiest way for an individual inventor to file a U.S. Patent or Trademark Application.
- Patent Express fills the gap for those who cannot afford a U.S. patent attorney or agent, but want to have their patent drafted and issued.
- Patent Express is backed by a 100% money back guarantee.
|