How can an applicant preserve the right to petition a restriction requirement?

To preserve the right to petition a restriction requirement, an applicant must follow specific steps as outlined in MPEP 818.01(c):

1. File a timely traverse to the restriction requirement
2. Distinctly and specifically point out all errors to be relied upon in the petition
3. File the petition not later than the filing date of the notice of appeal

The MPEP states:

“To preserve the right to petition from the requirement for restriction, including an election of species requirement, all errors to be relied upon in the petition must be distinctly and specifically pointed out in a timely filed traverse by the applicant.”

It’s important to note that the petition may be deferred until after final action on or allowance of the claims to the elected invention. However, failing to distinctly and specifically point out supposed errors in the restriction requirement will result in the election being treated as an election without traverse.

To learn more:

• petition
• restriction requirement
• traverse
• patent application