What is an election without traverse in patent applications?
An election without traverse in patent applications occurs when an applicant responds to a restriction requirement but fails to properly argue against it. 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.
When this happens, the examiner will use form paragraph 8.25.02 to inform the applicant:
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) ).
An election without traverse essentially means that the applicant has accepted the restriction requirement without objection. This has significant implications, as it waives the applicant’s right to petition against the restriction requirement later in the prosecution process.
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