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LSDefine
Simple English definitions for legal terms
election of species
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A quick definition of election of species:
Term: Election of Species
Definition: Election of species is when a person applying for a patent has to choose one specific invention to continue pursuing after an examiner has restricted their application. It's like picking your favorite toy to play with out of a bunch of toys. Similarly, if an examiner determines that a general claim is not allowed, the applicant has to choose one alternative over others. It's like choosing your favorite ice cream flavor out of many options.
A more thorough explanation:
Definition: Election of species is a term used in patent law. It refers to a patent applicant's choice of one alternative over others after an examiner determines that a generic claim is not allowable.
For example, if a patent applicant has a generic claim that covers multiple variations of an invention, but the examiner determines that the claim is too broad, the applicant may have to choose one specific variation to pursue. This choice is known as the election of species.
This term is specific to patent law and may not be commonly used outside of that context.