How does the USPTO handle restriction requirements in otherwise allowable applications?

When an application is otherwise allowable but contains a traverse of a restriction requirement, the USPTO follows a specific procedure as outlined in MPEP 710.02(c):

“Where an application is otherwise allowable but contains a traverse of a restriction requirement, the applicant may be given a specified time (e.g., a 2-month time limit) to cancel claims to the nonelected invention or species or take other appropriate action (i.e., petition the restriction requirement under 37 CFR 1.144).”

Key points:

• The examiner typically sets a 2-month deadline for action.
• Failure to file a petition or cancel nonelected claims doesn’t result in abandonment.
• If no action is taken, it’s treated as authorization to cancel nonelected claims.
• The application will then proceed to issuance.

For more details on restriction requirements, refer to MPEP §§ 821.01 and 821.04(a).

To learn more:

• restriction requirements
• allowable applications
• USPTO procedures