How can an applicant respond to a restriction requirement?

When faced with a restriction requirement, an applicant has several options for response, as outlined in MPEP 817. The key elements of a proper response include:

1. Electing an invention to be examined
2. Identifying the claims encompassing the elected invention
3. Optionally, traversing the requirement

Form Paragraph 8.21 in the MPEP provides guidance on the applicant’s response options:

“Applicant is advised that the reply to this requirement to be complete must include (i) an election of an invention to be examined even though the requirement may be traversed (37 CFR 1.143) and (ii) identification of the claims encompassing the elected invention.”

If the applicant wishes to preserve the right to petition, they must make the election with traverse. The traversal must be presented at the time of election and should distinctly and specifically point out supposed errors in the restriction requirement. If no errors are pointed out, the election will be treated as an election without traverse.

Applicants should be aware that failure to timely traverse the requirement will result in the loss of the right to petition under 37 CFR 1.144.

To learn more:

• restriction requirement
• patent application
• applicant response
• election
• traversal
• MPEP 817