Can an applicant challenge a restriction requirement?

Yes, an applicant can challenge a restriction requirement made by a patent examiner. The MPEP § 821 provides guidance on this process:

“Applicant may traverse the requirement pursuant to 37 CFR 1.143. If a final requirement for restriction is made by the examiner, applicant may file a petition under 37 CFR 1.144 for review of the restriction requirement if the applicant made a timely traversal.”

This means that applicants have two opportunities to challenge a restriction requirement:

• They can traverse (argue against) the requirement when it is first made.
• If the requirement becomes final, they can file a petition for review, provided they made a timely traversal earlier in the process.

It’s important to note that the ability to file a petition is contingent on having made a timely traversal, emphasizing the importance of promptly responding to restriction requirements.

To learn more:

• restriction requirement
• patent application
• traversal
• petition for review