nonelected invention

A nonelected invention is the invention that is not selected by the filer of a patent application when several inventions are impermissibly claimed, as only one may be selected for final evaluation. See: 37 CFR § 1.141

The patent application filer may be asked to restrict their application to a single invention if multiple are claimed. The selected invention is the elected invention, while other inventions are the nonelected inventions. A rejoinder is the process of withdrawing the restriction requirement between an elected invention and a non-elected invention when all claims to a non-elected invention depend on, or otherwise require, all of the limitations of an allowable claim.

See also: 37 CFR, Joinder of Inventions in One Application; Restriction (§§ 1.141 - 1.146), and 35 U.S.C. § 121 - Divisional Applications, USPTO Manual of Patent Examining Procedure (MPEP) § 821 Treatment of Claims Held To Be Drawn to Nonelected Inventions.

[Last reviewed in April of 2026 by the Wex Definitions Team] 

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