How do I properly traverse a restriction requirement?

To properly traverse a restriction requirement, you must follow the guidelines set forth in MPEP 818.01(c). The key elements of a proper traverse are:

1. Timeliness: The traverse must be filed in a timely manner, typically in response to the restriction requirement.
2. Specificity: As stated in the MPEP, “all errors to be relied upon in the petition must be distinctly and specifically pointed out in a timely filed traverse by the applicant.”
3. Clear objections: You must clearly articulate why you believe the restriction requirement is in error.
4. Substantive arguments: Provide detailed, substantive arguments addressing the specific issues in the restriction requirement.

The MPEP emphasizes the importance of a proper traverse: “To preserve the right to petition from the requirement for restriction, including an election of species requirement, all errors to be relied upon in the petition must be distinctly and specifically pointed out in a timely filed traverse by the applicant.”

Failing to meet these criteria may result in your response being treated as an election without traverse, which limits your ability to challenge the restriction requirement later in the prosecution process.

To learn more:

• traverse
• restriction requirement
• patent application
• MPEP
• proper traverse