What is required when traversing a restriction requirement?

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.

To learn more:

• restriction requirement
• provisional election
• traversal
• patent application
• USPTO procedure