Can an applicant traverse a species requirement?
Yes, an applicant can traverse (i.e., dispute or argue against) a species requirement. The MPEP 808.01(a) does not explicitly discuss traversal, but it is a standard right in patent prosecution. To traverse a species requirement, an applicant should: Respond to the Office Action containing the requirement within the given time frame Provide arguments explaining why…
Read MoreWhen should a restriction requirement be made final in a patent application?
The timing of making a restriction requirement final in a patent application is addressed in MPEP 810, which states: “The restriction requirement should be made final as soon as reasonably possible. If the election is made with traverse, it is proper to make the restriction requirement final after consideration of the reasons for traversal.” This…
Read MoreWhat is the difference between an election with traverse and without traverse?
The key differences between an election with traverse and without traverse are: Election with Traverse Election without Traverse Applicant challenges the restriction requirement Preserves right to petition Requires examiner to respond to arguments May lead to withdrawal of restriction Applicant accepts the restriction requirement Waives right to petition Simplifies examination process Restriction becomes final MPEP…
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