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Question: Where a restriction (including an election of species) requirement was made in an application and applicant permitted the elected invention to issue as a patent without filing a divisional application on the non-elected invention(s) or on non-claimed subject matter distinct from the elected invention, can the non-elected invention(s) and non-claimed, distinct subject matter be […]
The post MPEP Q & A 323: Can distinct subject matter be recovered by filing a reissue application in specific cases? appeared first on Patent Education Series.
By Lisa Parmley, USPTO Patent Practitioner #510063.9
1212 ratings
Question: Where a restriction (including an election of species) requirement was made in an application and applicant permitted the elected invention to issue as a patent without filing a divisional application on the non-elected invention(s) or on non-claimed subject matter distinct from the elected invention, can the non-elected invention(s) and non-claimed, distinct subject matter be […]
The post MPEP Q & A 323: Can distinct subject matter be recovered by filing a reissue application in specific cases? appeared first on Patent Education Series.

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