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

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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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Incomplete Traversal Results in Election Without Traverse MPEP 818.01(a) Required Complete Traversal Required for Restriction Election MPEP 818.01(a) Required Election of Invention for Examination Required MPEP 818 Required Requirement for Designating One Invention to Prosecute MPEP 818 Requirement for Restricting Examination of Multiple Inventions MPEP 818 Permitted Traverse Restriction Requirement with Specific Reasons MPEP 818 Required Election Becomes Fixed After Merits Action MPEP 818 Applicant Must Elect Invention for Examination MPEP 818 Required Election Becomes Fixed After Merits Examined MPEP 818 Permitted Traverse Requirement Must Be Specific MPEP 818.01(a) Required Other Related FAQs 5 FAQs Collapse Can a broad allegation of error satisfy the requirement for a complete reply to a restriction requirement? What constitutes a complete reply...