What is required when traversing a restriction requirement?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. When traversing a restriction requirement, an applicant must still make a provisional election. This is explicitly stated in MPEP 818.01(b) : “As noted in the second sentence of 37 CFR 1.143, a provisional election must be made even if the requirement is traversed.” This means that even if you disagree with the restriction requirement and plan to argue against it, you must still choose one of the inventions or species for examination in the meantime. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Provisional Election Must Be Made Even If Requirement Is Traversed MPEP 818.01(b) Required Applicant Must Elect Invention for Examination MPEP 818 Required Election of Invention for Examination Required MPEP 818 Required Traverse Restriction Requirement with Specific Reasons MPEP 818 Required Requirement for Designating One Invention to Prosecute MPEP 818 Requirement for Restricting Examination of Multiple Inventions MPEP 818 Permitted Election Becomes Fixed After Merits Action MPEP 818 Election Becomes Fixed After Merits Examined MPEP 818 Permitted Requirement for Including Form Paragraph 8.21 in Restriction MPEP 818.01(b) Recommended Requirement for Election of Species Using Form Paragraphs 8.01 or 8.02 MPEP 818.01(b) Recommended Other Related FAQs 5 FAQs Collapse Is an election required when traversing a restriction requirement? What is the difference between a general restriction requirement and an election of species? What is the purpose of requiring a provisional election when traversing a restriction? What form paragraphs should examiners use for restriction requirements? What are the key elements patent examiners check in amended applications?