How can an applicant respond to a restriction requirement in a design patent application?

When responding to a restriction requirement in a design patent application, an applicant has several options:

1. Elect one group of designs for prosecution without traverse.
2. Elect one group of designs for prosecution with traverse, providing arguments against the restriction.
3. Petition to review the requirement.

If electing with traverse, the MPEP advises:

“If a response to a restriction requirement includes an election with traverse on the grounds that the groups are not patentably distinct, applicant must present evidence or identify such evidence of record showing the groups to be obvious variations of one another.”

It’s important to note that arguments based on search burden are not applicable to design patent applications. If the restriction is maintained, the applicant must cancel the non-elected designs or take other appropriate action.

To learn more:

• design patents
• restriction requirement
• election
• traverse