Can an applicant traverse a species election requirement?
Yes, an applicant can traverse (i.e., dispute or argue against) a species election requirement issued by the USPTO examiner. The MPEP 808.01(a) provides guidance on this process: “If applicant traverses on the ground that the species, or groupings of patentably indistinct species from which election is required, are not patentably distinct, applicant should submit evidence…
Read MoreWhat is a proper traversal of an election of species requirement?
A proper traversal of an election of species requirement involves the applicant challenging the examiner’s assertion that the species are independent or distinct. According to MPEP 809.02: “If applicant traverses on the ground that the species, or groupings of patentably indistinct species from which election is required, are not patentably distinct, applicant should submit evidence…
Read MoreHow does an examiner determine if species are patentably distinct?
An examiner determines if species are patentably distinct by evaluating whether the species have mutually exclusive characteristics and are not obvious variants of each other. The MPEP 808.01(a) states: “In making a requirement for restriction in an application claiming plural species, the examiner should group together species considered clearly unpatentable over each other.” This means…
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