What is the relationship between a provisional election and a traversal in a restriction requirement response?

The relationship between a provisional election and a traversal in a restriction requirement response is critical. According to MPEP 818.01(a):

“[T]he required provisional election (see MPEP § 818.01(b)) becomes an election without traverse if accompanied by an incomplete traversal of the requirement for restriction.”

This means that when responding to a restriction requirement, an applicant typically makes a provisional election of one group of claims to be examined. If this provisional election is accompanied by a complete traversal, it remains provisional. However, if the traversal is incomplete, the provisional election automatically becomes an election without traverse, potentially limiting the applicant’s options for pursuing non-elected inventions in the future.

To learn more:

• restriction requirement
• provisional election
• traversal
• patent application
• patent examination