Is an election required when traversing a restriction requirement?
Yes, an election is required even when traversing a restriction requirement. According to MPEP 818.01(b): “As noted in the second sentence of 37 CFR 1.143, a provisional election must be made even if the requirement is traversed.” This means that when responding to a restriction requirement, an applicant must: Make an election of one invention…
Read MoreIs an election combined with an argument that the linking claim is allowable considered a traversal?
No, an election combined with an argument that the linking claim is allowable is not considered a traversal of the restriction requirement. The MPEP Section 818.01(d) explicitly states: “An election combined with an argument that the linking claim is allowable is not a traversal of the restriction requirement. The Office considers such a response to…
Read MoreWhat happens if an applicant doesn’t provide reasons for traversing a restriction requirement?
If an applicant doesn’t provide reasons for traversing a restriction requirement or fails to indicate whether the requirement is being traversed, the election will be treated as an election without traverse. According to MPEP 818.01: “The absence of any statement indicating whether the requirement to restrict is traversed or the failure to provide reasons for…
Read MoreWhen is a patent application considered “amended”?
According to MPEP 203.03, a nonprovisional patent application is considered “amended” after it has been initially acted on by the examiner, and the applicant has filed a reply to the examiner’s action. The applicant’s reply may include: An election A traverse of the examiner’s action An amendment to the application
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