What happens if an applicant fails to make an election of species when required?

When an applicant fails to make an election of species when required, the amendment is considered non-bona fide. This is significant because it reflects the applicant's inability to comply with the requirements set forth by the United States Patent and Trademark Office (USPTO) regarding the election of species in a patent application.

In patent law, when an application encompasses multiple species (variations of an invention), the applicant may be required to elect which specific species they wish to pursue. This process helps to streamline the examination process and allows the examiner to focus on the distinct aspects of the elected species without being overwhelmed by the breadth of the application. If the applicant does not make a proper election, it can lead to the indication that they are not engaging sincerely with the process, thereby resulting in the treatment of their submission as non-bona fide.

This has implications for the examination and progression of the application, as it may lead to delays or complications, contrasting sharply with the other options that suggest more straightforward progress or additional opportunities for amendment. The requirement to elect species is rooted in the need for clarity in the claims and efficiency in patent examination, which underscores the importance of this procedural step in the patent application process.