Can I traverse an Election of Species requirement?

Yes, you can traverse (challenge) an Election of Species requirement. The MPEP 809.02(a) states:

“The election may be made with or without traverse. To preserve a right to petition, the election must be made with traverse.”

To traverse the requirement:

1. Make your species election as required.
2. Clearly state that your election is made “with traverse.”
3. Provide specific arguments pointing out supposed errors in the requirement.
4. Submit evidence or identify evidence of record showing the species to be obvious variants.

Remember, traversal must be presented at the time of election to be considered timely. If the examiner maintains the requirement, you may have the right to petition under 37 CFR 1.144, but only if you properly traversed initially.

To learn more:

• Election of Species
• Patent Application
• Restriction Requirement
• USPTO Procedure
• Patent Prosecution
• Traversal