What are the consequences of not requesting reconsideration of a restriction requirement?
Not requesting reconsideration of a restriction requirement can have significant consequences for your patent application. According to MPEP 818.01(c):
A petition will not be considered if reconsideration of the requirement was not requested (see § 1.181).
This means that if you don’t initially request reconsideration of the restriction requirement through a proper traverse, you lose the right to petition against it later. The consequences include:
- Inability to challenge the restriction requirement through a petition
- Acceptance of the restriction as final
- Limitation of examination to only the elected invention or species
- Potential need for filing divisional applications to pursue non-elected inventions
Therefore, it’s crucial to file a proper traverse when responding to a restriction requirement, even if you’re not sure whether you’ll want to petition against it later. This preserves your options throughout the patent prosecution process.
To learn more: