How does failing to traverse affect a patent application?
Failing to properly traverse a restriction requirement in a patent application can have significant consequences. According to MPEP 818.01(c):
If applicant does not distinctly and specifically point out supposed errors in the restriction requirement, the election should be treated as an election without traverse and be so indicated to the applicant by use of form paragraph 8.25.02.
This means that if you don’t properly traverse, your election is considered to be without traverse, which effectively waives your right to petition against the restriction requirement later. The examiner will use form paragraph 8.25.02 to inform you of this, stating:
Applicant’s election of [1] in the reply filed on [2] is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse ( MPEP § 818.01(a) ).
In essence, failing to traverse properly limits your options to challenge the restriction requirement in the future.
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