What might happen if a claim is deemed too broad or generic?

Prepare for the Manual of Patent Examining Procedure Exam. Study with quizzes and multiple-choice questions, with hints and explanations. Master the MPEP content and excel in your exam!

When a claim is considered too broad or generic, the examiner has the option to request the applicant to elect one species for searching. This process is part of the examination practice to ensure that the claims are more specifically defined and can be adequately assessed for patentability.

In the context of patent examination, "species" refers to a specific embodiment or version of a claimed invention that falls under a broader category (the genus). By requiring the applicant to elect one species, the examiner is aiming to narrow the focus of the examination to a more particular aspect of the invention. This helps in effectively evaluating the novelty and non-obviousness of that specific embodiment, rather than trying to assess the merits of an overly broad claim that might encompass many different potential inventions.

This approach aligns with patent law principles that emphasize the clarity and precision of claims, allowing an examiner to conduct a thorough examination based on a defined scope, which is crucial for establishing the boundaries of patent rights. The other options do not accurately represent common outcomes in this scenario; for example, immediate rejection or automatic acceptance does not typically occur simply based on the claim's breadth. The option regarding withdrawal of the claim is also not standard practice, as the applicant can still choose how to respond to the examiner's request

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