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 relevant outcome is that the amendment will be considered non-bona fide. This means that the United States Patent and Trademark Office (USPTO) may view the failure to elect as an indication that the applicant is not genuinely pursuing the patent rights for the species claimed, and instead may be attempting to keep all options open without a definite intention.

In situations where an applicant has claimed multiple species within a single application, the USPTO typically requires the applicant to elect one species for examination. If an applicant does not make this election, it can result in a lack of clarity in the prosecution of the application, causing the office to treat any subsequent actions by the applicant as non-serious. This can hinder the progress of the application and may complicate any future efforts to secure patent rights for the species in question.

While other options might imply valid processes (such as progressing to final action, appealing, or adding new species later), they do not accurately reflect the consequence of failing to elect a species when it is mandated. The ramifications of non-compliance set by the Patent Office stress the importance of making a proper election, ensuring that the examination can proceed efficiently and effectively on a clearly defined subject matter